Dan Parker Sculpture

The city of Kalispell is under threat of a lawsuit over payment for bronze grizzly bear sculptures.

The sculptures in question were to be placed on a corner at Main and Idaho streets.

The city received a demand letter from an attorney representing the grizzly sculptor last week.

Thane Johnson's Oct. 14 letter to City Manager Jane Howington demands payment of the second installment of a contract within 30 days. The contract calls for Dan Parker of Parker Bronze to be paid $15,000 when the grizzly sculptures are in the "investment" stage.

Parker originally was paid $10,000 as the first installment as stated in the Dec. 13, 2007, contract. He was to be paid $25,000 when the 8- to 9-foot sculpture is finished. The contract also authorized 30 maquettes, or smaller grizzly sculptures, for $1,700 apiece if the city requested them.

City Attorney Charlie Harball said the city never requested the maquettes.

Harball said he doesn't believe the city owes Parker any more money. "The city feels comfortable that it is not in breach of its agreement," Harball said Monday. Johnson's letter said Parker has produced 30 maquettes. Last week, Parker said he has yet to make two smaller cubs that are to be placed next to the larger adult female grizzly bear. He said he planned to start them this week.

An amendment to the purchase and sale agreement dated Dec. 15, 2008, stated that the sculptures were to be delivered to the city no later than Dec. 13, 2009. Another issue is that the contract states that the sculptures were intended to be displayed on one of the four corners at the intersection of Main and Idaho streets. Parker wants his sculptures to be displayed there, but Howington doesn't.

"I don't have the confidence that's the most appropriate thing for the safety of the people driving by," she said. "It's more of a sight distance [thing]," she said, in reference to drivers possibly slowing down to the look at the sculptures. "It would be great in a pedestrian-oriented environment." Howington said the busy intersection "may not be the best place" for the sculptures, including a separate sculpture of two deer by Sherry Sander. "I don't think we have to put them there," she said.

Howington said she suggested the sculptures be placed somewhere else, preferably downtown.

The deer sculpture has been in storage for more than a year after a local resident offered to install the artwork for free. The city paid Sander $35,000 for the deer sculpture, which measures 7.5 feet high, 9 feet long and 4 feet wide.

"I've been real patient up 'til now," Parker said. "There's gotta be some weirdness, callousness or foolishness [going on]. After it's been paid for, the public should enjoy it," he said.

Harball said the city "will continue to work with" Parker and Johnson. "I feel confident we'll be able to come to a resolution."

The original plan called for sculptures to be placed on all four corners of Idaho and Main streets.

The Hockaday Museum of Art was supposed to select the artists, who would in turn select sculptures.

"We're not moving forward with the other two sculptures," Howington said.

The contracts for the sculptures were signed by then-City Manager James Patrick.

Mayor Tammi Fisher said she has no position on where the sculptures should be located.

"It was a poor financial decision on the part of the city," Fisher said.