Fw: Subject: KORA Records Request – Denial of Building Permit for 37th & Gage Project (Ground Treatment / ROW Aggregate Issue)

---

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)

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:

1. 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.
2. 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.”
3. 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.
4. Any inspection reports, plan review comments, or denial notices issued for this specific project concerning ROW ground cover or drainage/erosion control.
5. 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

jaharrington@topeka.org

Office: 785-368-3041

Cell: 785-409-2129