Upgrading aging water and sewer lines for Black Street residents shouldn't have to mean providing the road with all the bells and whistles of a modern city street.

That was the message close to a dozen residents of the downtown street delivered to city council Monday evening.

They spoke during a public hearing on the local improvement charge (LIC), where benefiting property owners pay for a portion of city infrastructure work, proposed for the upgrades.

Roxanne Livingstone, a long-time director with the Downtown Residents Association, explained the lay-out of the street – wide, no sidewalks or pavement with room for parking to accommodate both residents and visitors – helps give the neighbourhood the character of a relaxed, "people-friendly” community.

"You have a success story here,” she said. She cited benefits that have come with improvements made in the overall downtown area and more specific to Black Street, with the stairs that run from the end of the street up the clay cliffs.

Installing a sidewalk and paving the road, as planned if the proposal goes ahead, would mean taking away from the parking, Livingstone said. That could create conflicts between residents of the street and visitors who park there to use the stairs.

She also noted the plan for a boulevard that would feature plant life – and thus need watering – was established in 1993, long before there environmental concerns over water use.

"Things have changed since '93,” Livingstone said.

Her argument that the majority of residents are against the changes to the roadway, while remaining in favour of the new water and sewer mains for the street, had Coun. Florence Roberts questioning why few residents returned their ballots on the LIC.

Of 50 ballots sent out, only 19 were returned, with 14 opposing the changes and five in favour. Ballots not sent into the city are viewed as being in favour.

Though Livingstone couldn't speak for other residents of the street who hadn't voted, she suggested there was misinformation about the project, but as details of the plans were learned, more and more residents were against it.

As council heard as well from other delegates, some were away at the time and missed the vote, or thought the original Aug. 9 public hearing on the LIC was the opportunity to vote, among other reasons.

Others voted in support – either by voting in favour or not submitting a ballot at all – because they want the work to the water/sewer mains done but oppose the road work.

The way the vote was done was a significant problem for many residents of the street, who argued the city shouldn't be viewing unsubmitted ballots as votes in favour.

"I find it really undemocratic,” said Nathan Miller, who submitted his ballot against the project by the deadline.

He went on to argue the policy on the votes simply seems like a way for the city to push a project through.

"It's like a banana republic,” added Con Lattin, another Black Street property owner.

Coun. Dave Stockdale was quick to argue that although "it does not sound right,” this is the way the system has run for years.

It was suggested that non-votes simply not be counted, as would be the case in any political election.

Carole Smith was among those who also sent in a ballot against the project after attending a public meeting hosted by the city, where she said she learned it is an "all or nothing” project.

Like many of her neighbours, Smith would favour the work if it was limited to the water and sewer systems, with the road returning to its original state after the project was done.

In her case, the proposal would limit her street parking access, which she currently uses. Though Smith can access her property through an alley into her backyard, that option isn't available through the winter, when the alley isn't plowed.

"Let's keep it simple,” Kelly-Ann Malcomson instructed council.

As a resident of the neighbourhood for a decade, she said she likes the look and feel of Old Town as it is.

While some surface improvements are warranted – less gravel on the road, for example – major changes like putting in a sidewalk could significantly change the "unique feel” of the neighbourhood.

Though many spoke out against the proposed sidewalk, Shirley Hill – who was among those favouring the water/sewer main work but didn't want the extras that would come with it – commented a friend of hers supports putting the sidewalk in in the interest of safety for children.

Another speaker suggested the sidewalk should be located on the north side of the street rather than the south side, as proposed.

That's because the sun hits the north side better, thereby melting snow and ice through the winter faster and making it more safe, council was told last night.

Another noted an informal survey conducted of 40 property owners on the street showed 28 of those supported the plans for the water and sewer systems.

Definitive opposition was heard to other plans though – 32 said no to the sidewalk and 33 were opposed adding lighting to the street, another part of the plan.

Parking was among the major concerns that came out of the discussions, it was noted.

Throughout the public hearing, residents also continued to criticize the city for a mistake in the first public hearing on the matter that was set for Aug. 9.

Last night's hearing was held after a problem with the notification for the first hearing was noted.

While city officials say notices of the Aug. 9 hearing were sent out to property owners with no date of the hearing specified, a number of presenters Monday night commented they didn't receive any notice whatsoever.

Speaking to reporters following the meeting, Mayor Bev Buckway said the city is always striving to improve communications with its residents. While officials can't go knock on every door, letters are sent out and ads are put in local publications, she noted.

In this case, where there was an obvious city error, a public hearing was scheduled again to ensure affected residents received proper notice to come to council with their concerns.

And although the city could look at the regulations around LIC votes, and how ballots not submitted are counted, she pointed out that viewing those as being in favour of the proposal is a general practice in most communities in the country.

As for how she will proceed when the LIC comes up for a vote, Buckway said she's unsure.

On one hand, she said, many have asked for roads in the downtown to be paved as much as residents of Old Town are now arguing against the paving of Black Street, making it a difficult matter to address.

Also to be considered are standards that have to be met when roadwork is done – as would be the case in putting in new water and sewer lines regardless of whether it is paved.

"What we have to look at is engineering standards,” she said.

The city has also heard from pedestrians who want sidewalks in place on such roads.

"It's really hard to move forward,” she commented.

Council members may have a better idea next week of how they want to proceed on the project. That's when city staff will present a report on last night's hearing and a recommendation on how to proceed.

Coun. Ranj Pillai was absent from last night's meeting.