Following an inspection by the city, Meriwether's restaurant is being forced to close most of its outdoor deck on the north and west sides of the building, which is owned by the city of Bismarck.

The matter is complicated in that Missouri Riverboat Inc., recently purchased by the Fort Abraham Lincoln Foundation, leases the building from the city to provide information and ticket sales. Missouri Riverboat subleases a portion of the building to Captain Meriwether's Landing & Pasta Co.

Bismarck inspector Ray Ziegler said his department received a complaint on the deteriorating decks. After inspecting the decks, the city sent an order that the decks be unoccupied and either reconstructed to comply with code or be removed.

Meriwether's requested a 60-day extension on the order providing time to make a decision on what the restaurant will do. There also is some question on whether Meriwether's can take action without city approval.

While Ziegler has no problem with providing the extension, there is an immediate safety risk requiring all of the west side and a portion of the north side be closed. If a barrier is put in place, there is a portion of the northside deck that can remain open.

Attorney Mike Waller, representing Meriwether's, said that along with the extension, the restaurant is asking commission approval to make the changes. City Attorney Charlie Whitman indicated that under the terms of the lease with Missouri Riverboat, the lessee can make the improvements without commission approval.

Whitman added that he wasn't sure what the conditions of the sublease were. Lincoln Foundation director Tracy Potter assured the city the terms were the same as Missouri Riverboat's with Bismarck.

"We don't know what we're going to do," Waller said. "Part of it is knowing how we're going to pay for it and who is responsible. We voluntarily took the deck out of use. We recognize we don't want people out there."

While Whitman didn't have the leases in front of him, he did remember that the responsibility or maintenance and improvements is passed to the lessee, and if the sublease was the same, that responsibility becomes Meriwether's.

"We're innocent bystanders," Potter said. "The day the foundation closed the sale of Missouri Riverboat Inc. is the same day the order was received from the city to repair or remove the deck."

The situation has two elements, Potter said: what is going to be done and who is going to pay.

"If it is up to Fort Lincoln to pay for the repairs, we're going to tear the deck down," Potter said. "We have a rooting interest in the success of Meriwether's, but we'll go with the cheap method."

Potter added that the deck was probably in need of repair prior to the foundation entering into the lease. But Commissioner Sandi Tabor and Whitman said the building went with the sale "as is."

Commissioner Connie Sprynczynatyk indicated that it was perhaps time for the commission to consider divesting itself of the building. She noted the structure itself is in good shape and the commissioners have discussed selling it in the past.

It also was noted that the city put money into the renovation of the building in the past. But Tabor explained that the money spent was in the form of a loan and the commission made it clear at the time that was all it would do.

Commissioner Dave Jensen said with all the money the city was willing to invest in ventures such as the Northern Plains Commerce Centre, that it was a shame it couldn't spend a few dollars to fix up one of the community's "best attractions."

"I'm ashamed of the commission's inability to do something. We waste a lot of money on other places; we can't improve the one good attraction on the river," Jensen said.

Jensen suggested Vision Fund dollars or funding through the Renaissance Zone. Tabor said the facility qualified for neither.

There are various ways to fund things, Potter said, and he estimated that reconstructing the deck will cost between $20,000 and $25,000.

The commission unanimously approved the request for the 60-day extension and will allow repairs to take place on the condition it meets with the inspection department's approval. Meanwhile, city staff are asked to look into the feasibility of selling the building.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)