Cody Foster urges Topeka to fix 'broken' development system; council OKs demo request for restaurant

Topeka's city government needs to be much more developer-friendly, local real estate developer Cody Foster told the mayor and city council Tuesday evening.

"Our system for development in Topeka is broken and needs fixed," he said, adding that the projects he's currently carrying out will be his last until some changes are made.

Council members pledged to work to revise the city's processes in a manner that will address the concerns put forth by Foster, whose developments here have included the Cyrus Hotel, the Pennant, the Iron Rail and the Columbian Building.

"I've heard you loud and clear," said Sylvia Ortiz, a councilwoman since 2005. "I'll work to see what we can do, because we've heard that for way too long."

Councilman Tony Emerson, chairman of the council's public infrastructure committee, said he'd arrange for that committee to take up the topic at its September meeting.

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Afterward, Foster voiced optimism that the city was taking a step in the right direction.

Cody Foster's team plans two-story restaurant with rooftop deck

Foster and Seth Wagoner, CEO for his Topeka-based development firm, AIM Strategies, LLC, addressed the mayor and council as they considered AIM Strategies' request that it be allowed to tear down the deteriorating building it owns at 735 S. Kansas Ave.

That building most recently was used as a restaurant, WrapCity, which closed several years ago. It is located in the South Kansas Avenue Commercial Historic District, at the northwest corner of S. 8th and Kansas Avenue.

Foster hopes to demolish the building and build a two-story restaurant, which would feature the first full-service, rooftop deck in downtown Topeka, he said.

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However, the federal government allows for an alteration to a listed historic property, or an identified historic resource within a listed historic district, to take place only if that alteration is found not to damage or destroy the historic integrity of that resource.

The Topeka Landmarks Commission temporarily prevented the building from being razed by voting 4-2 last month to conclude that the proposed demolition would "damage or destroy the historic integrity of this identified resource."

AIM Strategies appealed that ruling to the mayor and council.

It specifically asked them to clear the way for the building to be torn down by concluding  there are no reasonable and prudent alternatives to demolishing it, and that all possible planning has been done to minimize harm to the historic district in which it stands.

Foster asked the mayor and council Tuesday evening to grant that request.

"I don't want to spend your time rehashing every issue that we've had with trying to get approval for this building, but it's absurd," he said.

The mayor and council then voted 9-0, with Councilwoman Christina Valdivia-Alcala being absent, to approve AIM Strategies' request.

Cody Foster says Topeka roadblocks have 'not gotten any better'

Foster told the mayor and council that the less immediate, but more important thing, he wanted to share was his perception that the city's system regarding development is broken.

Foster recalled how he'd convinced Wagoner six years ago to leave his corporate job at Hill's Pet Nutrition Inc., to help him carry out some developments downtown.

As Foster and Wagoner proceeded with making those projects work, "We just assumed that developing a commercial project was difficult, with lots of obstacles and roadblocks at the government level," Foster said.

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"It's only after we've been a part of two developments in other communities, Lawrence and Kansas City, that we were able to see how broken the process in Topeka truly is," he said. "Candidly, if I didn't love Topeka and want to see it continue to improve and if I didn't have the resources to hire Seth to work on these projects full-time, I would have quit doing any development in this city years ago."

For years, Foster and Wagoner have heard city leaders say they were working to make Topeka more developer-friendly "but it's not gotten any better," Foster said.

"If we don't make significant changes to the process, we will pigeonhole development in  this city to a few local developers who are well-financed and can afford to jump through all the hoops and the added time and expense they bring," he said. "Topeka will never become the city many of us know it can be if this is what we settle for."

AIM Strategies leader: Topeka must improve commercial development

Foster expressed pride about Topeka, saying it has done many positive things in the past five years, but added that it is "way behind" regarding commercial development.

"The only big developments that have been done in Topeka are by local investors who love this community and have the time and resources to negotiate all the roadblocks they encounter," he said.

Foster added, "This will be our last development until there are some other changes made, but we also want to be a part of the solution, as I'm sure other local developers would also."

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Tim Hrenchir can be reached at threnchir@gannett.com or 785-213-5934.