The Jackson Board of Alderman voted down a resolution Monday that would have annexed Class Act Family Fitness into city limits.
Board members and city staff were concerned the property at 2336 South Old Orchard Road isn't compliant with Jackson building codes and raised even more questions about the facility's drinking water.
Class Act is in a legal battle with the Missouri Department of Natural Resources, city attorney Tom Ludwig said.
The DNR ordered the business to stop providing water from its well to customers in June last year.
"We tried to do everything as close to code as we could," Class Act owner Shawn McNally told the board. "Short of installing a sprinkler system the health department says there's no deficiencies in the property."
Board members voted 4 to 3 to deny McNally's petition for annexation.
The DNR order was issued last year after two groups of adults and children, 15 people total, had been infected by E. coli after visiting the center. McNally continues to say the people had to have been sick before coming to Class Act.
Their well water, he said, didn't test positive for the strain the children and adults tested positive for. McNally said he and his family use the well water for cooking and drinking.
Addressing the board before the vote, McNally said he'd do anything it takes to bring the building up to the city's code.
"I understand I have to pay higher taxes and there are other obligations for me to bring the property up to code," McNally said. "Providing it's not $10 million, we're willing to do it."
Roach said the vote means the issue is dead, but McNally could submit another petition again at any time.
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2336 S. Old Orchard Road, Jackson, MO
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