Wednesday, June 10, 2026

the blog is an account and record - savvy

Email Thread Summary: Gage @ 37th ROW Landscaping (June 9–10, 2026)

Overview

This is an ongoing email exchange between Henry McClure (MCRE, LLC) and Joseph A. Harrington (City of Topeka), with CCs to City Clerk, Mark Schreiner, Public Works, and others. The topic is improvements to the public right-of-way (ROW) parkway area at SW 37th Street & Gage Boulevard — specifically, finishing the area from the back of the curb/sidewalk to the property line with zero or low-maintenance treatments instead of standard turf.

Chronological Summary

  • June 9, 2026 (Henry to Joe): Henry sent a detailed Request for Proposals (RFP) seeking landscaping/hardscaping contractors for zero/low-maintenance ROW improvements (permeable pavers, stabilized granite, rock mulch, xeriscaping, etc.). The RFP emphasizes compliance with Topeka Municipal Code, Public Works permits, drainage, safety, and erosion control.
  • June 10, 9:12 AM (Joe to Henry): City prefers Tall Turf Fescue, fertilizer, and mulch only in the area between sidewalk and property line. No other options mentioned initially.
  • June 10, 9:14 AM (Henry to Joe): Suggested a meeting to discuss.
  • June 10, 9:15 AM (Joe): Replied “Okay.”
  • June 10, ~12:39 PM (Henry): Updated on site progress (Fit Construction did good work) and requested help mitigating damages, including working around guy wires.
  • June 10, 2:10 PM (Joe): “Sounds good. We will discuss this and get back to you.”
  • June 10, ~3:06–3:13 PM (Henry): Follow-ups emphasizing urgency to mitigate damages and requesting help with humility.
  • June 10 (Latest from Joe, ~after 3 PM): Positive update — The City is open to reviewing a landscaping plan. They still prefer fescue as the standard for the ROW, but property owners can propose improvements that increase functionality and aesthetics. Public Works and Planning will collaborate on review if Henry submits a detailed plan.

Current Status

The conversation has progressed positively. The City has moved from a strict “turf only” stance to willingness to review custom low-maintenance proposals. Next logical step is for Henry to prepare and submit a landscaping plan (potentially incorporating elements from the RFP) for formal review by Public Works and Planning.

This thread demonstrates constructive dialogue, with the City showing flexibility while maintaining standards, and Henry pushing for practical, cost-effective long-term solutions given the property hold period.



Henry McClure
Subject: RE: Gage @ 37th
Dear Mr. Harrington,
Thank you for your prompt response and for including the City Clerk’s office. I appreciate the City’s perspective on maintaining a consistent appearance in the right-of-way.
I am sympathetic to the preference for Tall Turf Fescue, fertilizer, and mulch as the standard treatment. However, as the abutting property owner, I believe we should have reasonable flexibility in the area from the back of the curb/sidewalk to our property line. This is especially true for zero or near-zero maintenance options that fully comply with Topeka Municipal Code (e.g., Titles 8, 12, and 18), Public Works standards for drainage, utilities, sight lines, safety, and erosion control.
Given Topeka’s economic and growth challenges, we anticipate holding this property for an extended period. Traditional turf would create ongoing mowing, watering, and care costs, whereas compliant low-maintenance alternatives—such as permeable pavers/hardscape, stabilized decomposed granite or rock/gravel mulch, native/low-water ground covers, or xeriscaping—could substantially reduce or eliminate those burdens while improving long-term stewardship and reducing erosion risks. These options would be installed only after securing any required Public Works permits and meeting all engineering and restoration standards.
To move forward productively, I would like to add the Public Works Department to this conversation for their guidance. I am happy to submit site plans, coordinate utility locates, or work directly with them on a review to ensure full compliance.
Thank you again for your assistance. I look forward to your thoughts and to collaborating on a solution that works for both the City and our stewardship responsibilities.
Best regards, Henry McClure MCRE, LLC 3625 SW 29th Street #100 Topeka, KS 66614 Phone: 785-383-9994 Email: mcre13@gmail.com


From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Wednesday, June 10, 2026 9:15 AM
To: Henry McClure <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: RE: Gage @ 37th

Okay

 

From: Henry McClure <mcre13@gmail.com>
Sent: Wednesday, June 10, 2026 9:14 AM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: Re: Gage @ 37th

Notice: -----This message was sent by an external sender-----

We should have a meeting to discuss this.

Henry McClure

785.383.9994 

 

Sent from my T-Mobile 5G Device
Get Outlook for Android


From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Wednesday, 10 June 2026 09:12:02
To: Henry McClure <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: RE: Gage @ 37th

Henry-

 

I don’t think that the City is going to want you to place anything between the sidewalk and your property line except for Tall Turf Fescue, Fertilizer, & Mulch.

 

From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, June 9, 2026 6:00 PM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: City Clerk <cclerk@topeka.org>
Subject: Gage @ 37th

Notice: -----This message was sent by an external sender-----

REQUEST FOR PROPOSALS (RFP) Zero/Low-Maintenance Right-of-Way (ROW) Parkway Improvements SW 37th Street & Gage Boulevard Area, Topeka, KS

Issued by: Henry McClure, MCRE, LLC Date: 6 / 9 / 2026 Proposal Due Date: ASAP Contact: Henry McClure | Phone: 785-383-9994 | Email: mcre13@gmail.com

1. Project Overview

MCRE, LLC seeks qualified landscaping and hardscaping contractors to submit proposals for improving the public right-of-way (ROW) parkway area along the subject property at/near SW 37th Street and Gage Boulevard, Topeka, Kansas. The goal is to finish the area from the back of the curb to the property line with durable, zero or low-maintenance treatments that comply with City of Topeka standards.

Key objectives:

  • Minimize or eliminate ongoing mowing, weeding, irrigation, and other maintenance.
  • Ensure proper drainage, safety, sight lines, and no obstructions.
  • Obtain necessary Public Works permits (if required) and meet all TMC requirements for street parkings/ROW landscaping.

Estimated Area: [Insert sq ft or dimensions, e.g., "approximately X linear feet along the frontage, Y feet deep from back of curb to property line"]. Typical residential ROW in Topeka is around 60 ft total width; confirm exact limits with Public Works.

2. Scope of Work

Contractors must provide turnkey services including:

  • Site assessment, utility locates (Kansas One Call), grading/drainage corrections, and erosion control.
  • Design and installation of approved zero/low-maintenance surfaces (e.g., permeable pavers, stabilized decomposed granite, rock mulch/xeriscaping with native drought-tolerant plants/groundcover, or approved hardscape).
  • All materials, labor, equipment, and restoration.
  • Coordination with City of Topeka Public Works for any required ROW permits and inspections.
  • Warranty: Minimum 1-2 years on materials and workmanship, with provisions for City-required restoration if disturbed.
  • Removal/disposal of existing materials (if applicable) and final cleanup.

Prohibited or Restricted Items (per typical ROW rules):

  • Non-permeable surfaces causing runoff issues.
  • Items that obstruct utilities, drainage, sidewalks, or sight triangles.
  • High-maintenance elements (e.g., extensive turf, unapproved sprinklers extending into ROW).

3. Proposal Requirements

Submit one (1) digital PDF proposal including:

  • Company Profile: Experience with municipal/ROW projects, references (especially in Topeka or similar Kansas cities), licenses, insurance, and bonding capacity.
  • Approach & Design Concepts: 2-3 options with descriptions, materials, estimated lifespan, maintenance needs (target: near-zero), and visuals/renderings. Address drainage, permeability, and durability.
  • Detailed Cost Breakdown: Lump sum or unit prices, including permits, materials, labor, contingencies. Separate design vs. installation if phased.
  • Timeline: Project schedule from award to completion.
  • Compliance Statement: Confirmation of adherence to Topeka Municipal Code (Titles 8, 12, 18), Public Works standards, and any other regulations.
  • Exceptions/Alternatives: Any proposed deviations with justification.

4. Evaluation Criteria

Proposals will be evaluated based on:

  1. Compliance with City codes and low-maintenance goals (30%).
  2. Experience, references, and qualifications (25%).
  3. Cost/value (25%).
  4. Design quality, innovation, and timeline (15%).
  5. Overall responsiveness (5%).

5. Timeline

  • RFP Issued: [Date]
  • Questions Deadline: [Date]
  • Proposals Due: [Date, Time] to [email/address]
  • Contractor Selection: [Date]
  • Project Completion Target: [Date]

6. Terms & Conditions

  • The owner reserves the right to reject any or all proposals, waive informalities, or negotiate.
  • Work must comply with all applicable laws; contractor responsible for permits/insurance.
  • Payment terms: [e.g., 30% deposit, progress payments, final upon acceptance].
  • Insurance: General liability, workers' comp, etc., as required.
  • This is not a contract; award is subject to negotiation of final agreement.

Questions: Direct all inquiries in writing to Henry McClure by [deadline].

Thank you for your interest. We look forward to your proposals.

Henry McClure MCRE, LLC


Gage @ 37th ROW Landscaping Email Thread – Bullet Timeline Summary (For Your Records – June 9–10, 2026)

  • June 9, 2026 – Henry initiates Sent detailed RFP to Joseph A. Harrington for zero/low-maintenance ROW parkway improvements (back of curb/sidewalk to property line). Options highlighted: permeable pavers, stabilized decomposed granite, rock/gravel mulch, xeriscaping, native ground covers. Emphasized TMC compliance, Public Works permits, drainage, safety, and erosion control.
  • June 10, 9:12 AM – City initial response (Harrington) Stated City preference for Tall Turf Fescue + fertilizer + mulch only in the area between sidewalk and property line.
  • June 10, 9:14 AM – Henry reply Suggested holding a meeting to discuss the issue.
  • June 10, 9:15 AM – Harrington Replied “Okay.”
  • June 10, ~12:39 PM – Henry update Reported positive progress with Fit Construction on site; requested assistance mitigating damages and help working around guy wires.
  • June 10, 2:10 PM – Harrington Confirmed they would discuss internally and get back to Henry. (Public Works added to thread.)
  • June 10, ~3:06–3:13 PM – Henry follow-ups Reiterated urgency to mitigate damages and requested help with humility.
  • June 10 (Latest ~after 3 PM) – Harrington positive update City is open to reviewing a landscaping plan.
    • Standard preference remains fescue.
    • Property owners may propose improvements that enhance functionality and aesthetics.
    • Public Works and Planning will collaborate on review.

Current Status (as of June 10, 2026): Positive momentum. City has shifted from “turf only” to willingness to review custom low-maintenance proposals. Next step: Prepare and submit a detailed landscaping plan for formal review.

YO


 

the record @ gage37

 

Henry McClure
Subject: RE: Gage @ 37th
Dear Mr. Harrington,
Thank you for your prompt response and for including the City Clerk’s office. I appreciate the City’s perspective on maintaining a consistent appearance in the right-of-way.
I am sympathetic to the preference for Tall Turf Fescue, fertilizer, and mulch as the standard treatment. However, as the abutting property owner, I believe we should have reasonable flexibility in the area from the back of the curb/sidewalk to our property line. This is especially true for zero or near-zero maintenance options that fully comply with Topeka Municipal Code (e.g., Titles 8, 12, and 18), Public Works standards for drainage, utilities, sight lines, safety, and erosion control.
Given Topeka’s economic and growth challenges, we anticipate holding this property for an extended period. Traditional turf would create ongoing mowing, watering, and care costs, whereas compliant low-maintenance alternatives—such as permeable pavers/hardscape, stabilized decomposed granite or rock/gravel mulch, native/low-water ground covers, or xeriscaping—could substantially reduce or eliminate those burdens while improving long-term stewardship and reducing erosion risks. These options would be installed only after securing any required Public Works permits and meeting all engineering and restoration standards.
To move forward productively, I would like to add the Public Works Department to this conversation for their guidance. I am happy to submit site plans, coordinate utility locates, or work directly with them on a review to ensure full compliance.
Thank you again for your assistance. I look forward to your thoughts and to collaborating on a solution that works for both the City and our stewardship responsibilities.
Best regards, Henry McClure MCRE, LLC 3625 SW 29th Street #100 Topeka, KS 66614 Phone: 785-383-9994 Email: mcre13@gmail.com


From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Wednesday, June 10, 2026 9:15 AM
To: Henry McClure <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: RE: Gage @ 37th

Okay

 

From: Henry McClure <mcre13@gmail.com>
Sent: Wednesday, June 10, 2026 9:14 AM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: Re: Gage @ 37th

Notice: -----This message was sent by an external sender-----

We should have a meeting to discuss this.

Henry McClure

785.383.9994 

 

Sent from my T-Mobile 5G Device
Get Outlook for Android


From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Wednesday, 10 June 2026 09:12:02
To: Henry McClure <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mark Schreiner <MSchreiner@Topeka.org>
Subject: RE: Gage @ 37th

Henry-

 

I don’t think that the City is going to want you to place anything between the sidewalk and your property line except for Tall Turf Fescue, Fertilizer, & Mulch.

 

From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, June 9, 2026 6:00 PM
To: Joseph A. Harrington <jaharrington@topeka.org>
Cc: City Clerk <cclerk@topeka.org>
Subject: Gage @ 37th

Tuesday, June 9, 2026

Gage @ 37th

REQUEST FOR PROPOSALS (RFP) Zero/Low-Maintenance Right-of-Way (ROW) Parkway Improvements SW 37th Street & Gage Boulevard Area, Topeka, KS
Issued by: Henry McClure, MCRE, LLC Date: 6 / 9 / 2026 Proposal Due Date: ASAP Contact: Henry McClure | Phone: 785-383-9994 | Email: mcre13@gmail.com
1. Project Overview
MCRE, LLC seeks qualified landscaping and hardscaping contractors to submit proposals for improving the public right-of-way (ROW) parkway area along the subject property at/near SW 37th Street and Gage Boulevard, Topeka, Kansas. The goal is to finish the area from the back of the curb to the property line with durable, zero or low-maintenance treatments that comply with City of Topeka standards.
Key objectives:
  • Minimize or eliminate ongoing mowing, weeding, irrigation, and other maintenance.
  • Ensure proper drainage, safety, sight lines, and no obstructions.
  • Obtain necessary Public Works permits (if required) and meet all TMC requirements for street parkings/ROW landscaping.
Estimated Area: [Insert sq ft or dimensions, e.g., "approximately X linear feet along the frontage, Y feet deep from back of curb to property line"]. Typical residential ROW in Topeka is around 60 ft total width; confirm exact limits with Public Works.
2. Scope of Work
Contractors must provide turnkey services including:
  • Site assessment, utility locates (Kansas One Call), grading/drainage corrections, and erosion control.
  • Design and installation of approved zero/low-maintenance surfaces (e.g., permeable pavers, stabilized decomposed granite, rock mulch/xeriscaping with native drought-tolerant plants/groundcover, or approved hardscape).
  • All materials, labor, equipment, and restoration.
  • Coordination with City of Topeka Public Works for any required ROW permits and inspections.
  • Warranty: Minimum 1-2 years on materials and workmanship, with provisions for City-required restoration if disturbed.
  • Removal/disposal of existing materials (if applicable) and final cleanup.
Prohibited or Restricted Items (per typical ROW rules):
  • Non-permeable surfaces causing runoff issues.
  • Items that obstruct utilities, drainage, sidewalks, or sight triangles.
  • High-maintenance elements (e.g., extensive turf, unapproved sprinklers extending into ROW).
3. Proposal Requirements
Submit one (1) digital PDF proposal including:
  • Company Profile: Experience with municipal/ROW projects, references (especially in Topeka or similar Kansas cities), licenses, insurance, and bonding capacity.
  • Approach & Design Concepts: 2-3 options with descriptions, materials, estimated lifespan, maintenance needs (target: near-zero), and visuals/renderings. Address drainage, permeability, and durability.
  • Detailed Cost Breakdown: Lump sum or unit prices, including permits, materials, labor, contingencies. Separate design vs. installation if phased.
  • Timeline: Project schedule from award to completion.
  • Compliance Statement: Confirmation of adherence to Topeka Municipal Code (Titles 8, 12, 18), Public Works standards, and any other regulations.
  • Exceptions/Alternatives: Any proposed deviations with justification.
4. Evaluation Criteria
Proposals will be evaluated based on:
  1. Compliance with City codes and low-maintenance goals (30%).
  2. Experience, references, and qualifications (25%).
  3. Cost/value (25%).
  4. Design quality, innovation, and timeline (15%).
  5. Overall responsiveness (5%).
5. Timeline
  • RFP Issued: [Date]
  • Questions Deadline: [Date]
  • Proposals Due: [Date, Time] to [email/address]
  • Contractor Selection: [Date]
  • Project Completion Target: [Date]
6. Terms & Conditions
  • The owner reserves the right to reject any or all proposals, waive informalities, or negotiate.
  • Work must comply with all applicable laws; contractor responsible for permits/insurance.
  • Payment terms: [e.g., 30% deposit, progress payments, final upon acceptance].
  • Insurance: General liability, workers' comp, etc., as required.
  • This is not a contract; award is subject to negotiation of final agreement.
Questions: Direct all inquiries in writing to Henry McClure by [deadline].
Thank you for your interest. We look forward to your proposals.
Henry McClure MCRE, LLC

Contact Topeka Public Works/Engineering (or Property Maintenance at 785-368-3161)

Working on it. 

Key Concepts for 37th & Gage ROW

  • Public Right-of-Way (ROW): This is city-controlled land (an easement) typically extending from the street centerline outward, often ~15 feet or so beyond the back of the curb on residential/local streets (exact width varies by street type, plat, or dedication—e.g., ~60 ft total ROW for many residential streets). It includes the roadway, curb, sidewalk (if present), and the "parkway" or "street parking" area between the back of the curb and your property line.
  • The ground in the ROW is still your property, but the city has rights for public use, utilities, infrastructure, maintenance, and safety. You must keep it clear for access and cannot obstruct it permanently.
  • Your responsibilities: As the abutting owner, you generally handle surface maintenance (mowing, weeds, debris, landscaping) in the parkway/ROW area in front of your property. The city handles core infrastructure like the curb and (often) sidewalks.

Relevant TMC Sections

  • TMC Title 12 (Streets, Sidewalks, and Public Property): Covers obstructions, ROW excavation/permits, sidewalks, etc.
    • 12.35 Sidewalk Construction and Maintenance: Abutting owners must repair sidewalks. Private walks/structures in street parkings (the area between curb and sidewalk/lot line) must not interfere with utilities, curbs, etc., and require City Engineer approval/supervision.
    • 12.35.080 (Cleaning): You cannot let dirt, debris, or erosion make the sidewalk (or implied adjacent areas) unusable.
    • 12.30 Right-of-Way Excavation/Permits: Any work disturbing the ROW (digging, installing hardscape, etc.) typically requires a Public Works permit. Property owners have a simplified process vs. utilities, but restoration to city standards is required.
    • 12.10 Obstructions and Encroachments: Prohibits unlawful obstructions in public areas.
  • Property Maintenance (Title 8/IPMC): Property owners must control weeds/grass (>12 inches) in abutting ROW, easements, etc. Violations lead to notices, abatement by the city (with costs billed to you), and possible penalties.
  • Zoning/Development Code (Title 18): May apply to landscaping standards or setbacks, but ROW treatments are more under Public Works/street rules.

City Facebook/Public Works posts emphasize that landscape areas in the ROW are your maintenance responsibility, and any improvements (e.g., sprinklers, fences, beds extending into ROW) risk removal or non-replacement during city work.

Zero (or Low) Maintenance Options

You can treat the parkway area (back of curb to your property line) with low/zero-maintenance materials, but you'll likely need a Public Works permit for anything beyond basic landscaping (to ensure no interference with utilities, drainage, sight lines, or future city work). Permanent hardscape or heavy materials could be restricted.

Common feasible options (confirm with city for your exact location):

  • Rock/gravel mulch or xeriscaping: Low maintenance; good drainage. Must not create hazards, block drainage, or require frequent intervention. Often allowed if permeable and stable.
  • Native/low-water ground cover or hardscape like pavers/permeable surfaces: Subject to approval; must meet engineering standards (e.g., no trip hazards, proper grading).
  • Avoid: Anything that obstructs (e.g., high walls, non-permeable paving that causes runoff issues), or unpermitted structures. Grass is standard but requires mowing/weed control.

Next steps I recommend:

  1. Contact Topeka Public Works/Engineering (or Property Maintenance at 785-368-3161) for your specific parcel at 37th & Gage—request ROW width, as-built plans, and permit requirements for improvements. They can provide site-specific guidance or a pre-application review.
  2. Apply for any needed ROW permit before work.
  3. Check drainage/erosion rules (common issue in developments like yours) and utility locates (Kansas One Call).
  4. For documents or renderings, they may reference standard details.

If you share more details (e.g., exact address, photos of the area, or what surface you're considering), I can refine this or help draft a query to the city. Always verify directly with them, as enforcement is case-by-case. Let me know how else I can assist!

Re: Henry Duty

God bless you 


Joe says to stay under the radar 


Henry McClure 
Time Kills Deals 
785.383.9994

444

From: Office FIT Excavating <office@fitexc.com>
Sent: Tuesday, June 9, 2026 4:46 PM
To: Henry McClure <mcre13@gmail.com>
Cc: jaharrington@topeka.org <jaharrington@topeka.org> <jaharrington@topeka.org>
Subject: Re: Henry Duty
 
Yes, I have a couple of guys running over with a skid-broom and a couple of shovels to clean it up first thing in the morning. 



--
Kory James
620-757-9357
FIT Excavating Inc

On Tue, Jun 9, 2026 at 4:37 PM Henry McClure <mcre13@gmail.com> wrote:
Kory 


Joe is on Henry duty at 37th and Gage - We were flooded 

Confirm we will have the street clean in the morning - please 

Start there 





Henry McClure 
Time Kills Deals 
785.383.9994

444

Fw: Henry Duty



From: Joseph A. Harrington <jaharrington@topeka.org>
Sent: Tuesday, June 9, 2026 4:37 PM
To: Henry McClure <mcre13@gmail.com>
Subject: Automatic reply: Henry Duty
 



I am not at work today. I will get back with you tomorrow. Please call if it is a urgent matter.