Denton City Council members’ votes Tuesday on whether to approve a drive-through for a pharmacy in the proposed Fry Street Village could have repercussions in the 2008 city elections.

The redevelopment of the now-empty lot where eclectic hangouts once stood has pitted surrounding neighborhood groups against others who seek improvements to what has been called a rundown area near the University of North Texas.

DRC/Barron Ludlum

A sign advertises the proposed Fry Street Village project. The City Council will vote Tuesday on whether to permit a drive-through for a planned pharmacy.

“There’s a pretty strong push from the university and business community to get this done,” council member Bob Montgomery said. “You’re either going to vote pro-business or pro-neighborhood is what it boils down to.”

The vote is the last and biggest political hurdle for Houston-based developer United Equities Inc., which bought most of the block bordered by Fry, Oak, Welch and Hickory streets last year with the intent to redevelop it with new retail shops and restaurants.

The project needs a special-use permit from the council to allow a drive-through lane for a proposed CVS Pharmacy at the corner of Fry and Hickory.

Opponents say a drive-through would increase vehicle traffic, endanger pedestrians and pollute air in the heavily walked area. University officials and others have said the area’s redevelopment would be beneficial in the long run.

United Equities project manager Tim Sandifer has said the entire project hinges on attracting CVS, and the pharmacy would not come without a drive-through. On Friday, Sandifer said the special-use permit “is important for a lot of reasons for this project to proceed.”

Company policy now requires all freestanding CVS stores to have drive-through lanes, construction director Stephen C. Ray wrote in a letter to the city Nov. 14.

The company “does not have any intention of opening this new freestanding store without a drive thru,” Ray wrote.

Critics say that all-or-nothing mentality has shifted attention from the merits of the drive-through request and onto the hyper-political debate over Fry Street Village.

“This environment stems from the idea that whatever is the outcome of the vote is tied to whether the project goes forward or not,” said council member Chris Watts. “And I think that’s unfortunate.”

An election shake-up

The council could be poised for a shake-up in May, and the Fry Street vote offers potential fodder for opponents.

By voting for the drive-through, council members could alienate activists in the high-profile Oak-Hickory Historic District, who worry it would increase traffic and the potential for vehicle-pedestrian accidents. A vote against the drive-through, however, could anger business and university leaders and allow for the possibility that the land will stay vacant longer.

Council members said they wouldn’t let such political calculations affect their votes.

“I certainly won’t vote based on whether I’m going to get re-elected or not,” said Mayor Perry McNeill. “I’m going to vote based on the case before us.”

While McNeill and Deputy Mayor Pro Tem Joe Mulroy will be up for re-election, Montgomery’s retirement because of term limits will leave wide open another at-large council seat.

The city charter prevents council members from serving more than three consecutive two-year terms in a single seat.

Mayor Pro Tem Pete Kamp, whose third term representing District 2 expires in 2009, said she’s eyeing the seat Montgomery will vacate, but she did not rule out a run for mayor in 2008.

“I’m keeping my options open right now,” she said.

McNeill said he had not decided whether to seek a second term as mayor. Mulroy, an at-large council member, said he would decide early next year whether to run for a third term.

McNeill and Mulroy both face potential challengers. Denton lawyer Mark Burroughs is often mentioned as a potential mayoral candidate, and Jerry Mohelnitzky, a financial adviser, plans to run for Mulroy’s seat.

Burroughs, who served on the council from 1998 to 2004, said a number of people have approached him about running for the council, more so this time than in the 2006 elections when, at the last minute, he opted not to run for mayor.

“I’ve had people ask me if I would seriously consider it,” he said. “I wouldn’t be a responsible citizen of this community if I didn’t think about it.”

Mohelnitzky, who has long been active in the Denton Chamber of Commerce and serves as chairman of the Economic Development Partnership Board, said he will be seeking office this May.

“Yes, my plans are to run for City Council,” Mohelnitzky said, adding that the Fry Street issue, or any other single issue, was not the determining factor.

“I’m now in a position where I can and I want to give back to the community,” he said. “This is something where I had made the decision early in this year.”

Mohelnitzky said he doesn’t know the answers from either side of the potential impact for the development, but “there are definitely some concerns that need to be looked at.”

Mike Cochran, a former council member, said interest in the Fry Street issue and its outcome is strong.

“This is the kind of thing that is close enough to the election that people will remember it,” he said.

Cochran said residents in the neighborhoods surrounding the Fry Street area are talking about forming a political action committee “essentially to rate candidates on their neighborhood friendliness.”

“It seems appropriate and long overdue that there is not one that protects the interest of the neighborhoods,” he said, adding that a number of political action committees exist for other groups, from firefighters to business owners.

Former Mayor Euline Brock said the vote on Fry Street Village could show the public how the council feels about neighborhood concerns.

“This issue would be a reflection of whether you have any real concern for maintaining pedestrian-oriented environments or whether you consider the impact on neighborhoods when making a decision,” she said. “With those two larger issues, this would have some impact on the next election.”

Symbolic decision

For decades, college students and others flocked to Fry Street ’s quirky independent businesses, and the area — for better or worse — became an undeniable part of the city’s identity.

When news broke in May 2006 of its impending redevelopment, many residents fought to protect the existing businesses and the buildings, some dating to the 1920s.

An opposition group, Save Fry Street, formed to fight the United Equities project, and nearly 9,500 people signed a petition supporting historic preservation in the Fry Street area.

Ultimately, the developer demolished five buildings, including one that housed The Tomato, but not before someone set fire to the iconic restaurant in June in an apparent protest of the redevelopment plans.

Today, some say months of bitter debate are taking their toll, dividing longtime residents and even souring friendships.

“The waters are poisoned around this decision, and that’s very unfortunate,” Montgomery said.

Cochran, who has been active in the Save Fry Street organization and in recent neighborhood gatherings around the proposed Fry Street Village, said the divisiveness is about whom the council is representing.

“Are they representing the citizens and the people who put them in office or are they representing the out-of-town developers?” he asked.

While neighborhood issues have been important in other elections, the fervor surrounding the Fry Street development has become a watershed moment in the city, Cochran said.

“It is sort of a symbolic thing, about what’s going to happen in our community,” he said.

“We are in the midst of this growth spurt here. It is going to change the face of our community forever. It’s so important that we hang on,” Cochran said. “The essence of the community is your strong neighborhoods.”

Despite all the talk, Mayor McNeill said the community is more united than many believe.

“I’ve had a lot of feedback on that and surprisingly … it’s probably roughly 4-1 to saying, ‘What is the problem? Get that thing approved and get it built.’” he said. “But the silent majority is who I’m hearing from.”

The upcoming vote

Council members spent the past week listening to 11th-hour lobbying. Some met privately in separate meetings with representatives of the developer and residents of the Oak-Hickory area.

Sandifer said he met with several council members to give them information.

“We sat down with anyone interested in additional information and giving them more facts,” he said, adding that he believed the eventual vote would be close.

“I’m hopeful,” he said.

In interviews, all seven council members said they had not yet decided how to vote. Several wouldn’t answer whether they thought another drive-through lane would be compatible with the Fry Street area.

The Planning and Zoning Commission, which advises the council, voted 5-1 last month to recommend approval of the drive-through permit.

“I’ve got a lot of information from everybody, but then I look at the area where Jack in the Box is [just west of the development site] and that’s a drive-through, and I know that the drugstores make their money from the pharmacy,” council member Charlye Heggins said. “I guess I’m batting at straws. I’m really so confused I don’t know which end is up.”

Kamp said the proposed drive-through raises safety and air quality concerns.

“I haven’t seen that it fits the criteria for the [special-use permit], and I certainly do not believe it is appropriate for a pedestrian area,” she said.

Council member Jack Thomson, whose District 3 includes Fry Street, said he prefers the current Fry Street Village plans to the original plans, which called for several drive-through lanes instead of one.

“But I don’t see a drive-through as being compatible with pedestrian-oriented development,” Thomson said. “Not every CVS has a drive-through. I’m not convinced that that’s necessary.”

Mulroy said he wasn’t prepared to say whether the drive-through would fit in with the pedestrian area.

“I have yet to see a final site plan, so I really don’t know what they’re actually proposing,” he said. “It’s a legitimate point. There will be plenty of discussion.”

The council can approve the drive-through with a simple majority vote. But a last-minute letter could change the outcome of Tuesday’s meeting by forcing a supermajority vote, allowing as few as two council members to defeat the drive-through.

The supermajority requirement would apply if owners of more than 20 percent of properties within 200 feet filed written opposition notices with the city before the meeting. If all council members attended, they would need six votes to approve the drive-through.

As of Friday, owners representing less than 5 percent of neighboring property had formally opposed the drive-through, city planner Lori Shelton said.

Cochran said neighbors were working to convince more neighboring property owners to file notices against the special-use permit.

At least two neighboring property owners, Joe Normile and Gene Hartman, have filed in support of the proposed special-use permit.

Regardless of how Tuesday night’s vote turns out, council members know they’ll have to explain their positions to voters.

“You’ll see this show up again next May,” Montgomery said. “Win, lose or draw.”

DAWN COBB can be reached at 940-566-6879. Her e-mail address is dcobb@dentonrc.com.

LOWELL BROWN can be reached at 940-566-6882. His e-mail address is lmbrown@dentonrc.com.

IF YOU GO

What: Denton City Council meeting

When: 6:30 p.m. Tuesday

Where: City Hall, 215 E. McKinney St.

Why: The agenda includes a public hearing and possible vote on a permit to allow a drive-through as part of the Fry Street Village redevelopment project.

FRY STREET TIMELINE

This timeline gives highlights of the history of Denton’s Fry Street, an area just across the street from the University of North Texas campus, and the proposed Fry Street Village development as it passes through the city’s review processes.

1869 — The Fry family name appears in the history books with Lewis Fry, who ran a livery stable and became sheriff that year. D.H. Fry also operates the Denton Hotel on the northwest side of the downtown Square.

1880s — Dave Fry runs a meat market on the Square. Also during this period, the Fry Street area was the fairgrounds.

Late 1890s — A small service area with boardinghouses develops across from Texas Normal College, now UNT, which was established in 1891.

1925 — Strip at Hickory and Fry streets first noted with the opening of M Systems, a grocery store.

1929 — Photos depict the Eagle Cafe and Brooks Dairy.

1936 — Two shoe shops and a cleaner are open on Fry Street. A pharmacy, beauty shop and TC Eat Shop 131 are located on Avenue A.

2006

May 10 — Word spreads through town that United Equities Inc. has purchased most of property bordered by Welch, Oak, Fry and Hickory streets. Students react on Web sites and spread posters to “Save Fry Street.”

May 16 — Residents, business owners and historical preservationists meet to start a grass-roots campaign, later forming the Save Fry Street organization.

June 21 — City leaders meet United Equities developers for the first time.

Aug. 5 —Numchai Tamprateep, owner of Mr. Chopsticks in the Fry Street area, is the first to receive official eviction notice from the developer.

Oct. 3 — Save Fry Street presents petitions with 9,483 signatures to the City Council supporting the preservation of Fry Street’s historic buildings.

Oct. 20 — Developer files demolition permits for Mr. Chopsticks and Uncommon Ground buildings.

Nov. 21 — Mr. Chopsticks is the first building demolished.

Dec. 1 — Save Fry Street members sit down with developers for the first time.

Dec. 5 — Uncommon Ground is the second building razed.

Dec. 6 — City leaders see a preview of developer’s plans with a drugstore at Hickory and Fry streets, restaurants and a boulevard lined with stores.

Dec. 19 — City officials propose a tax break to preserve the Fry Street area.

Dec. 21 — Grammy winner Norah Jones lends her name as honorary chairwoman of Save Fry Street.

2007

Jan. 23 — United Equities files preliminary plans for the proposed Fry Street Village development.

May 13 — The Tomato restaurant closes for the final time; other businesses closing include Bagheri’s Italian Restaurant, Java Flakes, Texas Jive, Naranja Cafe, the Spirit Station and Andy’s Hair Spot.

June 22-23 — Habitat for Humanity of Denton County hosts an auction of building materials salvaged from buildings slated for demolition. Overnight, vandals deface a 1980s-era mural, portions of which had been auctioned off for $1,600, prompting efforts to restore it.

June 25 — Workers start preparing for the demolition of the main block of Fry Street buildings.

June 27-28 — An overnight arson fire destroys the building where The Tomato restaurant was located.

June 28 — Demolition crews knock down Fry Street buildings.

July 11 — A 22-year-old Denton man accused of torching The Tomato in protest of the redevelopment surrenders to fire marshals and posts bail.

Aug. 8 — The Denton Planning and Zoning Commission approves United Equities’ requests to ease city requirements on parking-space depth and right-of-way dedication but sends plans for a driveway inside the retail development back to the drawing board.

Nov. 14 — The commission votes 5-1 to recommend City Council approval of a drive-through to serve a proposed CVS Pharmacy at Fry and Hickory streets.

Nov. 28 — The commission wraps up its review of Fry Street Village, voting 5-1 to approve the developer’s appeal for an additional 50 parking spaces and to reject a request to use an existing driveway off Oak Street that city planners said was too close to an intersection to meet current city codes.

Tuesday, Dec. 11 — The Denton City Council will hold a public hearing and potential vote on a permit for the CVS drive-through.

SOURCE: Denton Record-Chronicle archives