HomeMy WebLinkAboutMin - City Council - 1984 - 01/05 - RegularALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 5, 1984
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Absent•
Dennis Offutt
City Staff•
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:34 p.m. on Thursday, January 5,
1984, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
Mayor Pierson recognized Cub Scout Webelo Pack 307, who
were observing at the Council Meeting.
CONSENT AGENDA (Agenda Item II)
At the request of Mayor Pierson, Consent Agenda Item "C"
was removed for individual consideration.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 6 - 0 to
approve and adopt all remaining items on the Consent
Agenda as follows:
A. Approval of the City Council Minutes of
December 15, 1983 - Regular Session.
B. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
1. Allen Independent School District $ 140.00
Contract No. FS8023 -
Construction of Service Center/
City Hall Annex
Hydromulch for median area
Landscaping - Allen Municipal
Annex
2. K. Van Bourgondien & Sons, Inc. $ 297.85
Contract No. FS8023 -
Construction of Service Center/
City Hall Annex
Flowers for Landscaping - Allen
Municipal Annex
ALLEN CITY COUNCIL
January 5, 1984
Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
3. Cannon's Grass & Tree $ 27.00
Contract No. FS8023
Construction of Service Center/
City Hall Annex
Tiff Grass for Landscaping -
Allen Municipal Annex
4. Whirlpool Corporation $2,020.50
Contract No. FS8023
Construction of Service Center/
City Hall Annex
Refrigerator, Microwave Oven &
2 Ice Makers for Lunchroom
Area - Allen Municipal Annex
a'
5. Langley Plumbing Company $
90.06
Contract No. FS8023
Construction of Service Center/
City Hall Annex
Plumbing Costs for Installation
of Two Ice Makers for Lunchroom
Area - Allen Municipal Annex
6. C & W Electric Supply $
86.40
Contract No. FS8023
1.06
Construction of Service Center/
City Hall Annex
Electrical Work and Supplies for
Installation of Kitchen Equip-
ment in Lunchroom Area - Allen
Municipal Annex
7. Allen Lumber $
1.80
Contract No. FS8023
Construction of Service Center/
City Hall Annex
Materials for Installation of
Kitchen Equipment in Lunchroom
Area - Allen Municipal Annex
8. Ronald E. Fix & Associates $
426.11
Contract No. 820503C
Construction of Utilities for
Jupiter Road Bridge - Inspection
and Engineering Fees -
November 1983
9. L.E. Delekta, Inc. $19,860.88
Contract No. 820503C
Construction of Utilities for
Jupiter Road Bridge - Payment
No. 5 and Final Payment
The motion carried.
End of Consent Agenda
set January 19, 1984 as Public Hearing
Date on a Request to Establish Permanent
Zoning of PD (Planned Development) on a
97 Acre Tract of Land, Located at the
Northeast Corner of Malone Road and (Consent
F.M. 2170. Agenda Item
II -C)
Mayor Pierson advised that this item was removed
from the
Consent Agenda in order to correct the public hearing
from
January 19, 1984 to February 2, 1984 in order to meet
the
a'
ALLEN CITY COUNCIL
January 5, 1984
Page 3
Set January 19, 1984 as Public Hearing
Date on a Request to Establish Permanent (Consent Agenda
Zoning of PD on 97 Acre Tract (cont'd) Item II -C)
requirements of the city's Comprehensive Zoning Ordinance by
being able to give proper 15 days notice prior to the public
hearing. Setting the date for January 19, 1984 did not allow
for proper time to give notice.
There was considerable discussion by the City Council on
the setting of this public hearing date, the expressed interest
and concern on this item by the Lovejoy School Dictrict,
holding a joint meeting with the Lovejoy School District, the
Allen School District and the Allen City Council to discuss
this interest and concern, and what date would be appropriate
for a public hearing.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman McClure, the Council voted
6 - 0 to set the public hearing date for Thursday,
February 16, 1984, and to set un a meeting to work
with the Lovejoy School District Board and the Allen
Independent School District Board prior to that
public hearing date. The motion carried.
At this time, Robert L. Puster, the Superintendent of the
Lovejoy School District, spoke briefly before the City Council
regarding their interest to meet with the City Council
regarding the Omni development and their concerns. Mr. Puster
handed a copy of the Preliminary Long Range Planning Analysis
of Growth for the Lovejoy Independent School District to the
Mayor for the city's review and use in that upcoming meeting.
Public Hearino: Request for Site
Plan Approval on
1.5 Acres
Zoning: PD -SC No. 4
Location: Northeast Corner
of Ridgemont Drive
& State Highway 5
Requestor: Allen National Bank (Agenda Item III)
and
Ordinance No. 484-1-84: An Ordinance
of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 424-1-83 of the
City of Allen, Texas, and Amending
Planned Development Zoning Ordinance
No. 369-10-81 to Include the Attachment
of Exhibit "C" as the Approved Amended
Site Plan for Development of a One and
One -Half (1.5) Acre Tract of Land Out of
the Rufus Sewell Survey, Abstract No. 875,
Located at the Northeast Corner of
Ridgemont Drive and State Highway 5,
Presently Delineated on the Official Zoning
lisp as a Portion of PD -SC No. 4; Providing
for a Penalty; Providing for an Effective
Date; and Providing for Publication of
the Caption.
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Request by Allen National Bank to
Amend an Approved Site Plan on 1.5 Acres, Located at the
Northeast Corner of Ridqemont Drive and State Highway 5."
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ALLEN CITY COUNCIL
January 5, 1984
Page 4
Public Hearing: Request for Site
Plan Approval and
Ordinance No. 484-1-84 (cont'd) (Agenda Item III)
At this time, Mayor Pierson advised the Council that in
accordance with Article 988b, V.T.C.S., the Conflicts of
Interest Statute, he would be abstaining from consideration of
this request and had filed the proper executed affidavit with
the City Secretary. Mayor Pierson turned the meeting over to
Mayor Pro Tem Farmer.
Joe Barton King, architect, presented to and spoke before
the Council on the proposed amended site plan for an addition
to the Allen National Bank, located on a 1.5 acre tract of land
out of the Rufus Sewell Survey, Abstract No. 875, being the
northeast corner of Ridgemont Drive and State Highway 5.
Mr. King explained the amended site plan showing the
addition to the existing bank building and advised that the
addition would be used for additional offices, a meeting room
and a vault area. The site plan also showed the increased
parking area and access area around the building to an island
area for 24-hour banking services. Also, Mr. King presented a
color -coded landscape plan of the site.
Mayor Pro Tem Farmer opened the public hearing.
No one appeared to speak either for or against this
request.
Mayor Pro Tem Farmer closed the public hearing.
The Planning and Zoning Commission, at their meeting of
December 8, 1983, recommended to the City Council that the
amended site plan be approved as presented.
Bill Petty, Director of Community Development, advised that
the site plan met all of the city's zoning and code requirements.
The Council briefly discussed with Mr. Petty the amount of
landscaping required for this development and the setback area
for landscaping.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Womack, the Council voted five (5) for,
none (0) opposed, and one (1) abstention, with Mayor
Pierson casting the abstaining vote, to approve the
site plan as presented and in accordance with the
recommendations of the Planning and Zoning Commission,
as stated; and to adopt Ordinance No. 484-1-84, as
captioned previously. The motion carried.
Mayor Pro Tem Farmer turned the meeting back over to Mayor
Pierson.
Approval of Final Plat - Phase I
Country Meadow
Addition
Location: Southwest Corner of
the Intersection of
Exchange Boulevard
and Malone Road
Requestor: Murray Development (Agenda Item IV)
Bill Petty, Director of Community Development, spoke before
the Council on the sewering capabilities for this development as
well as the extension of Rivercrest Boulevard to Malone Road.
Mr. Petty also advised that some minor engineering changes had
been made and were subject to review by the city's consulting
engineers. Thus, the city staff is recommending approval of the
plat, subject to final approval by the engineers.
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ALLEN CITY COUNCIL
January 5, 1984 Page 5
Approval of Final Plat - Phase I
Country Meadow Addition (cont'd) (Agenda Item IV)
Elton Geeslin, Vice President - Engineering and Development
with the Murray Development Company, presented to and spoke
before the Council on the Final Plat for Phase I of the Country
Meadow Addition, located in the Peter Fisher Survey, Abstract
No. 324, being a portion of a 183 acre development. The plat
showed the lot layouts for residential development, streets, and
utility easements.
Mr. Geeslin advised of the location of the model homes, the
phase of construction, and the number of developers to build in
this subdivision.
Bill Petty advised that the final plat met all of the
requirements of the Planned Development ordinance for this area.
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended to the City Council that the
Final Plat for Phase I - Country Meadow Addition, be approved
as presented subject to the engineering approval by city staff.
The Council discussed with Mr. Geeslin the entrance to this
development from Exchange Parkway.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
approve the Final Plat on Phase I of the Country Meadow
Addition in accordance with the recommendations of the
Planning and Zoning Commission and city staff, as
stated. The motion carried.
Approval of Final Plat
Clearview Estates
Location: Southwest Corner of
the Intersection of
F.M. 2170 and
Malone Road
Requestor: Robert L. Carr (Agenda Item V)
Bill Petty, Director of Community Development, spoke before
the Council on the Final Plat for Clearview Estates and the fact
that there were still some minor engineering changes which needed
to be made and approved by the city's consulting engineer.
Mr. Petty advised that due to the lack of time to make those
necessary changes and obtain review and approval by the consulting
engineer, the developer had requested approval of the plat with
the stipulation that the development permit not be issued until
the engineer had given final approval.
Therefore, it was the city staff's recommendation that if
the plat is approved, that it be subject to the development permit
not being issued until final approval of the plat by the engineer.
Robert L. Carr and Tom Harris were present to present this
plat. Tom Harris, with Starnes & Associates, spoke before the
Council on the Final Plat for Clearview Estates, located in the
William Snyder Survey, Abstract No. 821, being 41.7105 acres.
The plat showed the lots for residential development, street
layout, ingress/egress to this development, and utility easements.
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended to the City Council that the Final
Plat for Clearview Estates be approved as presented, subject to
final engineering approval by city staff.
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ALLEN CITY COUNCIL
January 5, 1984
Page 6
Approval of Final Plat -
Clearview Estates (cont'd) (Agenda Item V)
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the Final Plat for Clearview Estates as
presented and in accordance with the recommendations of
the Planning and Zoning Commission, as stated; and in
accordance with the recommendations of the city staff
that the development permit not be issued until final
approval by the engineer. The motion carried.
Approval of Preliminary & Final Plat -
Park Center
Location: Northeast Corner of
the Intersection of
F.M. 2170 and Fountain
Park Drive
Requestor: Mike Williams (Agenda Item VI)
Bill Petty, Director of Community Development, advised the
Council that all of the engineering for the Park Center develop-
ment had been reviewed and approved by the consulting engineer.
Mike Williams, developer, presented to and spoke before the
Council on the Preliminary and Final Plat for the Park Center
retail development located in the Peter Wetsel Survey, Abstract
No. 990, being 0.9852 acres of land. The plat showed the
ingress/egress to the property, fire lane easement, utility
easement, and the boundary of the property.
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended to the City Council that the
Preliminary and Final Plat for Park Center be approved as
presented.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
approve the Preliminary and Final Plat for Park Center
in accordance with the recommendations of the Planning
and Zoning Commission, as stated. The motion carried.
Approval of Preliminary and Final Plat -
Vita/Boon Development
Location: Allen Drive - north of
the Old Donation
Requester: Dr. Anthony E. Vita and
Dr. E. T. Boon (Agenda Item VII)
Dr. Michael Mason was present to speak before the Council
on the plat. Since Dr. Mason did not have a copy of the plat, a
copy of the plat had to be found for presentation. Mayor Pierson
recessed the regular session of the Allen City Council at
8:25 p.m. The meeting reconvened at 8:34 p.m.
Bill Petty, Director of Community Development, advised the
Council that this was the preliminary and final plat of property
owned by Drs. Vita and Boon to be platted into three separate
lots, with Lot 3 to be the site of a medical building. Due to
the ingress/egress to this site, the owners were also requesting,
as part of this plat, that the city abandon street right-of-way
of 0.0397 acres of land.
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ALLEN CITY COUNCIL
7anuary 5, 1984
Page 7
Approval of Preliminary and Final Plat -
Vita/Boon Development (cont'd) (Agenda Item VII)
Mr. Petty pointed out the problems with the determination
of the ingress/egress to this property due to the curve in Allen
Drive. He also advised of the sewering requirements for this
property for now and the future; that all of the engineering
had been reviewed and approved; and that the plat met all of the
city's requirements.
The Council reviewed the plat and it was pointed out that
the street dedication of right-of-way for Allen Drive was not
indicated on the plat properly and that it needed to be corrected.
The Council further discussed the ingress/egress to this
property from Allen Drive and the visibility factor in that area
for now and future development.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve the Preliminary and Final Plat for the property
owned by Drs. Vita and Boon, in accordance with the
recommendations of the Planning and Zoning Commission,
as stated, subject to the correction of the plat to
show the street dedication of right-of-way for Allen
Drive; and to approve the abandonment of the 0.0397
acres of street right-of-way to the property owners as
requested on the plat. The motion carried.
Approval of Preliminary and Final Plat -
Eagle Plaza Shopping Center
Location: Southeast Corner of the
Intersection of F.M. 2170
and Jupiter Road
Reguestor: Dal -Tex Development Company (Agenda Item VIII)
Steve Clowe and Keith Clowe, with Dal -Tex Development
Company, along with John Carpenter, engineer, were present to
present this request.
Bill Petty, Director of Community Development, advised the
Council of the drainage problem in this area and the two options
open to this developer to solve the problem. Mr. Petty explained
that they could either construct a large open drainage ditch to
carry the water or go ahead and construct the box culvert needed
when Jupiter is improved and widened. A portion of the cost for
this construction would then be recovered through an assessment
of the adjacent property owner.
Mr. Petty also advised of the future widening of F.M. 2170
and the need for an additional ingress/egress to this develop-
ment. A letter had been provided from Dal -Tex Development
stating that a future median cut is provided north of this project.
This letter is to be filed with the record plat.
It was the city staff's recommendation that if the plat is
approved, it be subject to final approval of the drainage plans
by the consulting engineer.
John Carpenter presented to and spoke before the Council on
the Preliminary and Final Plat for the. Eagle Plaza Shopping
Center located in the David Wetsel Survey, Abstract No. 977,
being 6.260 Acres of land. The plat showed the boundaries of
the property, the dedication for street right-of-way, fire lane
easements, utility easements, and ingress/egress to the
property.
7
ALLEN CITY COUNCIL
January 5, 1984 Page 8
Approval of Preliminary and Final Plat -
Eagle Plaza Shopping Center (cont'd) (Agenda Item VIII)
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended to the City Council that the
Preliminary and Final Plat for the Eagle Plaza Shopping Center
be approved as presented, subject to final engineering approval
by city staff.
tlbow
The Council discussed the drainage problem and the con-
struction of the box culvert, and the difference between the
assessment for street and drainage construction versus pro rata
agreement.
MOTION: Upon a motion made by Councilman Rodenbauqh and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the Preliminary and Final Plat for the Eagle
Plaza Shopping Center as presented, in accordance with
the recommendation of the Planning and Zoning Commission,
as stated; and in accordance with the recommendation of
the city staff, as stated. The motion carried.
Approval of Final Site Plan
for Dental Office on
.2693 Acres out of
4.437 Preliminary
Site Plan
Location: Southeast Corner of the
Intersection of S.H. 5
and Exchange Parkway
Requestor: Dr. David Bishop/
James Crow
Zoned: LR (Local Retail) (Agenda Item IX)
Mr. James Crow, Sr. and his son, along with Dr. David Bishop,
were present to present this request.
Bill Petty, Director of Community Development, advised the
Council that the final site plan was a .2693 acre tract out of
the 4.437 acres of land zoned Local Retail. A Preliminary Site
and Development Plan had been prepared for the entire 4.437 acre
tract to see the scheme of development in relation to the small
.2693 acre tract and to determine ingress/egress to the property.
Mr. Petty reviewed the ingress/egress to the property and the
area for parking.
Mr. Crow presented the final site plan of the .2683 acres,
showing the location of the building on the lot, ingress/egress,
and parking. Mr. Crow is selling this lot to Dr. David Bishop
and it was noted that at the time of paving of Exchange Parkway,
this property was subject to a pro rata share of that paving
cost. The city has filed a lien on this property for those
costs incurred.
The city staff's recommendation in regards to the existing
lien on the property for the pro rata share of the paving of
Exchange Parkway would be to make the approval of the final
plat subject to payment in the amount due prior to the time of
filing this plat with the county for record.
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended approval of the Final Site Plan
on .2693 acres and the Preliminary Site and Development Plan
on the entire 4.437 acres of land.
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ALLEN CITY COUNCIL
January 5, 1984
Page 9
Approval of Final Site Plan -
Dental Office (cont'd) (Agenda Item IX)
The Council discussed the city staff's recommendation on
the holding of the plat until the assessment had been paid and
it was determined that that would not be necessary since this
lien would have to be paid before the property can change hands.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman McClure, the Council voted 6 - 0
to approve the Final Site Plan on .2693 acres, out of
the 4.437 acres of the Preliminary Site and Development
Plan, for the dental office as presented, and in
accordance with the recommendation of the Planning and
Zoning Commission, as stated. The motion carried.
Approval of Preliminary and Final Plat -
Dental Office on
.2693 Acres of Land
Location: Southeast Corner of the
Intersection of S.H. 5
and Exchange Parkway
Requestor: Dr. David Bishop (Agenda Item X)
Mr. James Crow, on behalf of Dr. David Bishop, presented the
Preliminary and Final Plat for the .2693 acre tract of land out
of the Lewis Wetsel Survey, Abstract No. 978. The plat showed
the boundaries of the property, the street dedication for right-
of-way, drainage and utility easement, and an access easement.
Hill Petty, Director of Community Development, advised that
this plat met all of the city's requirements.
The Planning and Zoning Commission, at their meeting of
December 22, 1983, recommended to the City Council that the
Preliminary and Final Plat for the .2693 acres be approved as
presented.
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the Preliminary and Final Plat for the .2693
acres as presented and in accordance with the recommenda-
tions of the Planning and Zoning Commission, as stated.
The motion carried.
Ordinance No. 485-1-84: An Ordinance
of the City of Allen, Collin County,
Texas, Changing the Name of a Portion
of Ridgemont Drive, Particularly that
Portion Located From Its Intersection
with Highway 5 to Its Intersection
withthe Frontage Road at U.S. Highway
75, in the Texet Addition to the City
of Allen, Texas, to Texet Drive;
Amending All Ordinances or Portions
of Ordinances in Conflict Herewith;
and Providing for an Effective Date. (Agenda Item XI)
Mayor Pierson advised of the proposed ordinance to rename
a portion of Ridgemont Drive to Texet Drive, from State
Highway 5 to the Frontage Road of U.S. 75, and the action of
the City Council at the last meeting on this item.
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ALLEN CITY COUNCIL
January 5, 1984
Page 10
Ordinance No. 485-1-84: An Ordinance
to Rename a Portion of Ridgemont Drive
to Texet Drive (cont'd) (Agenda Item XI)
MOTION: A motion was made by Councilman Womack and seconded by
Councilman McClure that the proposed ordinance not be
adopted. The Council voted two (2) in favor of the
motion and four (4) opposed, with Mayor Pierson, Mayor
(v Pro Tem Farmer, and Council Members Rodenbaugh and
Paxton casting the negative votes. The motion failed.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Rodenbaugh, the Council voted four (4) in
favor of the motion and two (2) opposed, with Council
Members Womack and McClure casting the negative votes,
to adopt Ordinance 485-1-84, as captioned previously.
The motion carried.
Update on Weather Related Service
Delivery Problems (Agenda Item XII -A)
City Manager Jon McCarty advised the City Council that the
city staff was going to report on the problems that the city
incurred during the cold weather conditions experienced during
the latter part of December.
Ernie Hoback, Director of Public Works, advised the Council
of the damage which occurred to the water mains, fire hydrants
and water meters in the city, the location of the breaks, the
costs for repair and/or replacement, and costs for overtime for
the employees to make repairs.
Bill Petty, Director of Community Development, advised the
Council of the work of the Street Department in sanding the
streets, obtaining the needed sand, and cost for overtime for
employees to sand the streets.
City Manager McCarty advised the Council of the number of
water breaks in the homes and the response of the Fire Department
to those calls.
Mr. McCarty also advised the Council of the solid waste
collection problems experienced during the holidays and this cold
weather by SCA, the solid waste contractor, and the work to
correct those problems.
The Council commended the city staff on the work done during
those adverse weather conditions and requested that letters be
written by the Mayor to those individuals who put forth that
extra effort to respond and resolve those weather-related
problems.
This item was received as a matter of information. There
was no action taken on this item.
Update on Capital Improvement
Fees
(Agenda Item XII -B)
City Manager Jon McCarty reminded the Council of the recent
ordinance adopted by the city regarding the collection of
development fees for water and sewer capital improvements costs
and pointed out that the plats approved by the Council at this
meeting represented the first developments to fall under that
new ordinance.
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ALLEN CITY COUNCIL
January 5, 1984
Page 11
Update on Capital Improvement
Fees (cont'd) (Agenda Item XII -B)
Ernie Hoback, Director of Public Works, advised the Council
of the development fees that would be collected for each of the
developments presented to the Council at this meeting.
City Manager McCarty reminded the Council of discussions
held at the Budget Retreat pertaining to a need to perhaps
increase the water and sewer rates, however, with the collection
of these development fees it would appear that a request to
increase the rates will not have to be made within this budget
year.
The Council briefly discussed with Mr. Hoback how the
developers felt about paying this new fee and if there had been
any negative reactions.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion:
Mayor Pierson suggested to the Council and the city staff
that the Director of Community Development take a look at an
alternate way to acquire street equipment and that would be to
check on rebuilt or reconditioned street equipment rather than
the purchase of new equipment.
Councilman Womack indicated to the Council that some thought
be given by the Council on not considering the final plats on
developments until all of the engineering had been approved by
city staff, rather than approving a plat subject to approval of
engineering.
Adjournment
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 9:45 p.m. on Thursday, January 5, 1984. The motion
carried.
These minutes approved on the 19th day of January , 1984.
i
PSR Pierson. MAYOR
\�,�y' �/
Marty Hendri CITY SECRETARY