Sent: Thursday, July 9, 2026 2:55 PM
To: mcre13@gmail.com <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mary E. Kuckelman Spinelli <mespinelli@topeka.org>
Subject: FW: H. McClure 7-6-2026 Open Records Request – Denial of Building Permit for 37th & Gage Project (Ground Treatment / ROW Aggregate Issue)
Henry:
This email is in response to your records request below. Attached please find readily available responsive records.
Bonnie Williams
Services and Operations Manager
City of Topeka
Legal Department
215 SE 7th Street, Room 310
Topeka, KS 66603
(785) 368-3883
NOTICE: This message and any attachments may be confidential and contain legally privileged information. If you are not an employee of the City of Topeka (see K.S.A. 75-6102(d)), we do not waive any legal protection that may apply such as attorney-client or work product privileges. If you have received this email in error, please immediately notify the sender and delete the message and any attachments. Further, this communication is not intended to constitute, nor should it be relied upon, as legal advice to you.
From: Henry McClure <mcre13@gmail.com>
Sent: Thursday, July 2, 2026 6:49 PM
To: City Clerk <cclerk@topeka.org>
Subject: Subject: KORA Records Request – Denial of Building Permit for 37th & Gage Project (Ground Treatment / ROW Aggregate Issue)
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Notice: -----This message was sent by an external sender----- |
City Clerk
Joseph A. Harrington, PE Project Manager, City of Topeka Engineering jaharrington@topeka.org
Dear Mr. Harrington,
Pursuant to the Kansas Open Records Act (K.S.A. 45-215 et seq.), I am submitting this formal request for public records related to the denial of my building permit(s) for the project near 37th & Gage.
Please provide the following records:
- All documents, emails, memoranda, notes, or correspondence that reference or explain the denial of the building permit, particularly any issues related to proposed ground treatment, crushed gravel, aggregate, geotextile fabric, or right-of-way improvements.
- All communications (internal and external) from or to the Public Works Director, Engineering Division, or other City staff regarding the statement that “crushed gravel is not approved for the right of way.”
- Any City policies, standards, specifications, or guidelines that prohibit or restrict the use of gravel, crushed stone, or aggregate mulch as ground treatment in the public right-of-way.
- Any inspection reports, plan review comments, or denial notices issued for this specific project concerning ROW ground cover or drainage/erosion control.
- Records of any similar approvals or denials of comparable ground treatments (geotextile + aggregate) on other Topeka development projects in the past 36 months.
Please produce these records in electronic format where possible.
Please provide the records as soon as possible and no later than the timeframe required by KORA. If any portion of this request is denied, please provide a written explanation citing the specific legal exemption.
Thank you for your prompt attention to this matter. I can be reached at 785-383-9994 or mcre13@gmail.com if you need any clarification.
Sincerely,
Henry McClure MCRE, LLC 3625 SW 29th Street #100 Topeka, KS 66614 Phone: 785-383-9994 Email: mcre13@gmail.com
CC: Tyler Wible <wible.pd@gmail.com>
I was told the crushed gravel is not approved for the right of way. That came from the Public Works Director.
Joe Harrington, PE
Project Manager
City of Topeka Engineering
Office: 785-368-3041
Cell: 785-409-2129
