Loveland - January 4, 2012

There is an old saying that "one only needs two tools in life: WD-40 to make things go, and duct
tape to make them stop."

Loveland architect turned self-appointed general contractor, Roger Kenney, is finding the opposite
is true as his use of tape to enclose electrical wiring on the outside of his building has started
complaints all over again regarding a remodel project he began last summer without the proper
building permits. (see
LovelandPolitics story from October 2011)

Last October, LovelandPolitics reported on Kenney's attempts to renovate his building located at
209 E 4th Street without the hassle of a building permit and all the accompanying inspections.  
Kenney's building is home to his architectural firm and one commercial tenant.  Anonymous
complaints to the city's building department resulted in an inquiry by Loveland's legal and building
departments into who was the mysterious whistle blower but no fines or penalties imposed on
Kenney.  A friend of Loveland building department official Tom Hawkinson, Kenney was actually
being updated by Hawkinson regarding the city's attempt to find what Kenney called, "our stool

Following a detailed story on the matter published in LovelandPolitics last October, Loveland City
Manager Bill Cahill promised the City Council a full inquiry.   Because the issue involved city staff
and was dubbed a "personnel matter," council refused to comment on the matter once the inquiry

Who Was The General Contractor?

According to city records, Kenney reports his General Contractor now as Mel Paulson of Paulson
Construction in Loveland.  Despite numerous attempts to contact Paulson to confirm this
information, LovelandPolitics has been unable to verify this claim as Paulson has not returned our

Prior to identifying Paulson as his General Contractor, Kenney fingered brothers Steve and Ed
Klen and their construction company Diverse Construction as his general contractor.  Ironically, the
Klens are the ones complaining to the city about Kenney building without a general contractor and
without the appropriate permits.  The Klens were prosecuted by the City of Loveland for building
part of Anasazi Village industrial park in Loveland without permits.  That action by the city is now
the subject of ongoing litigation against the city by the Klens in a separate matter.

A brother-in-law of Ed Klen did provide labor on Kenney's building renovation but not under the
supervision of the Klens or their construction firm.  According to Ed Klen, Kenney requested they
repay an unpaid debt to Kenney instead to Ed's brother-in-law for the work performed so Kenney
could keep that income "off the books."  According to the Klens they were never contracted to do
any work for Kenney who they call "a liar."

Cahill's Conclusion / Appeal

In early December, Cahill reported back to the City Council in an internal memorandum that he
found nothing amiss in his inquiry on the matter and believed the staff and contractor acted in
accordance with city codes.  

While Cahill described the matter as closed because the project was officially "finished,"  local
contractor Ed Klen was documenting exposed wiring near the sidewalk and an exposed building
hanging from under unfinished wood at the exterior of the building.  Apparently, Cahill relied on the
testimony of the accused and his supervisor instead of visiting the property before making his

Last night, Ed Klen appealed Cahill's conclusion to the Loveland City Council during public
communications at a regularly scheduled council meeting.   Klen asked for an opportunity to
address the council on the matter in a future meeting along with others interested in the matter.  
While Mayor Cecil Gutierrez attempted to dismiss Klen's request, Councilman Hugh McKean
expressed interest in having dialogue on the topic and was joined by three colleagues.  The
council requested the appeal by Klen (see link above this story) before agendizing the matter for
council discussion.  Cahill was absent from the meeting.

Klen told the council he made a public request for information and was surprised to learn how
many inaccuracies are in Cahill's memorandum to the council.  
Loveland's Independent News Source
Building Without Permits
- Part II
Council agrees to discuss matter at future
meeting after local contractor accused the city
manager of whitewashing the matter
Chronology of Events

November/December 2010
Roger Kenney initiates a major
renovation of his historic
building in downtown Loveland
to include structural supports,
electrical, and the addition of a

December 13, 2010
Permit submitted only to install
a staircase at 209 E 4th St. but
not other work for the remodel

December 28, 2010
Loveland staff record comment
"incomplete" on the permit
application for staircase

February 11, 2011
Complaint received via email to
city stating,
“I have become aware of
extensive remodeling being done
at 209 E 4th Street on both the first
floor as well as the second floor,
without a permit to do so."

February 11, 2011
Mary Shann (city code
enforcement officer) sent an
email to Tom Hawkinson
(building official) regarding
her discovery that Roger
Kenney, as reported by
Phillipps, did not have a
building permit at the time.

February 22, 2011
City issues permit for the
staircase only construction (no
structural, electric or other
ongoing work inspected)

March 7, 2011
Hawkinson's staff initiate active
investigation into complainer's
full identity -
even sending an email
demanding to know his
employer and work address.

August 22, 2011
City receives complaint about
unpermited construction at 209
E 4th Street in downtown

October 5, 2011
LovelandPolitics reports story -
Greg George tells councilors in
private meetings Klen is

December 6, 2011
City Manager Bill Cahill reports
to Loveland's Council he found
nothing unusual

January 3, 2011
Ed Klen requests an
opportunity to discuss issue
with council in future meeting
Read the full complaint by Ed
Klen appealing the City
Manager's decision

Klen Complaint to City