SANDPOINT — In May, City Council approved a landowner's request to vacate an unused right-of-way bordering his property along Daisy Avenue and a portion of the alley in Ridley's Park Place.

In exchange for the city vacating the section of land, John Darling agreed to construct a block-long pedestrian path that will benefit students of Forrest M. Bird Charter School.

A proposed ordinance is scheduled to go before the mayor and City Council members Wednesday, during the council's regular scheduled meeting. The proposed ordinance requires Darling build a 10-foot wide pathway along the Northern side of Daisy Avenue, connecting Division Avenue with Monroe Street within one year after the official vacation of the right-of-way.

In addition, he will be responsible for creating or relocating storm water retention swales as directed by the city and will be required to secure any necessary easement regarding utilities existing within the portion to be vacated.

After Darling purchased two adjoining lots along Division Avenue, fronting Daisy Avenue, he learned the lots were landlocked by city property on three sides and private property to the south. He initially approached the city with the idea to trade one of his lots for the city-owned right-of-way to the north, but was told by the former public works director, Kody Van Dyk, that it was against state code to make such a trade.

Van Dyk informed Darling the charter school was attempting to create a "Safe Routes to School" project for access between Monroe and Division, so Darling decided to make a formal request for the city to vacate the right-of-way in exchange for his pledge to build the pedestrian path.

 Darling provided a transportation study to City Council during the May 4 meeting showing that a multi-use pathway within the vacated right-of-way would provide a significant benefit to the charter school and increase the safety of bicycle and pedestrian traffic in the area.

Council members expressed some concern over the property owner's promise to build the path, so the original agreement was amended to require Darling to construct it within a year. Other revisions were made to the original agreement, such as a requirement that Darling and property owners bordering the city right-of-way relinquish their claims to any additional land.

While each motion to amend the agreement passed unanimously through council, the agreement was approved through a 4-2 vote, with Councilmen Bill Aitken and Stephen Sneddon voting no.

Darling will have one year from when the ordinance is signed and published to construct the path.

The city will not actually record the vacation of the right-of-way with the county until the pathway is completed, said City Administrator Jennifer Stapleton in an email to the Daily Bee Monday.