The Neosho City Council voted on first reading Tuesday evening to deny an annexation request from the Trinity Learning Center, located at 19937 Quapaw Lane.
Dana Daniel, Neosho's director of development services, said the center requested the annexation to hook up to city water.
"They're needing water, drastically," said councilman Tom Workman.
While council members expressed a desire to help the school get water service, they were hesitant to annex the property into city limits.
"I would be more than happy to help them with their water situation without annexing them in," said councilman David Ruth. "I just can't see annexing in that far out of town."
Many residents living outside the city limits request to hook up to city services, and often are allowed to do so, with a charge of 1.5 times the rate charged to in-city residents. However, those county residents are also asked to sign a letter of irrevocable consent, obligating them to be annexed into the city should their property become contiguous with Neosho city limits and the city chooses to annex them in.
However, Mayor Richard Davidson pointed out that the Trinity Learning Center property is already contiguous with city limits.
Davidson said the roadway, leading to AA Highway, was brought into city limits under a previous city administration.
"The road is city limits, and that road was flag polled and went out to AA Highway to grab a piece of property," Davidson said. "This came up several years ago when I first came on council. You're not allowed by statute to flag pole and go out and grab property like they did. All it's done is extend the roads we have to repair and the obligations of our police department. We already have a town that is very long and very wide and has several miles of streets compared to our population. But, it is contiguous because the highway is in the city limits."
City attorney Steve Hays said because the property is contiguous, he was unsure that a letter of irrevocable consent would be applicable for that situation.
Although the roadway is considered city limits, the end of city limits with water service is at least a quarter-mile away from the property.
Workman said he believed the property owners would be willing to pay the expense of extending water service to their site.
Davidson also proposed that council look into de-annexing the stretches of roadway, including AA Highway, that are otherwise outside of city limits, though no vote was taken on that matter.
In other business, council members voted on first reading to approve a request to rezone the property at 735 East McKinney Street to C-3, commercial business district.
Don McCleary petitioned the City of Neosho to rezone the property, which was zoned as C-1, retail business district, to be able to open a small food market in that location.
Page 2 of 2 - The request went before the Planning and Zoning Committee on May 6, and it was the recommendation of that committee that council vote to approve McCleary's request.
The city received an application for a business license in March 2013 from a small food market hoping to open in that location, however, that application was denied based on the C-1 zoning classification.
According to the council packet, McCleary wants the property rezoned so that it can be used as a food market, restaurant or small convenience store, all of which the property has formerly operated as.
City staff noted in their recommendation that the city's Future Land Use Map shows the property at 735 E. McKinney, as well as all surrounding properties, as a commercial area.