Title: Letter to City Council for Feb 4 meeting - Specific questions to ask at podium, Markham Hill bankruptcy trial

Dear Mayor, City Council, and Planning Commission,

The City Council seems to be bending over backwards to allow SREG to destroy Markham Hill with development. We know of specific projects elsewhere where SREG promised conservation development and then broke their promise by cutting down most if not all the trees and replacing the natural land with impervious surfaces (with a tree here and there). Surrounding neighborhoods were aghast.

* Question: If a developer has demonstrated promise-breaking, misrepresentation, and "alternate facts", do the Planning Commission and City Council have to approve the rezonings, variances, permits, etc. just because the applications were filled out correctly and no code or ordinance was broken? If so, this is a very sad situation for the future of Fayetteville.

With so many letters and speeches from the public, why are the Fayetteville residents being ignored over and over again? Over and over again the City officials appear to be showing favoritism to the developers and discriminating against the residents who don't make money from development. I believe this is unjust and unrighteous. Favoritism to the money makers and discrimination to the non-money makers.

* Question: Is this what the City wants history books to say about Fayetteville City government during this time period?

* Question: How are the Planning Commission and City Council going to correct their complicity in helping Seth Mims (representing SREG) break his sworn promises in Federal Court during the Archer bankruptcy trial in February 2016? See the attached document containing the transcript of Seth Mim's testimony.

The following concerns the 72-acre west half of the Markham Hill property which was zoned RSF-4:

Pages 6-7
Q: Are you -- the west 72, the property that's the subject of the individual Archer estate, what are your plans with that property?
A: I plan to -- we plan to develop a single family neighborhood, a series of clustered single family homes, little pocket neighborhoods, if you will, intertwined by walking trails and green spaces.

This sworn statement was broken when SREG asked for and the Planning Commission and City Council approved the rezoning to RIU with 480 living units of singles, duplexes, triplexes, and quadraplexes, using part of this land and part of the former 72-acre PZD.

You can also read in the transcript that Seth Mims was going to work out several other deals with people, one being to help Julian Archer buy back the Pratt Inn property (page 6) and another to let Julian and Jane Archer keep the four acres of property and their familial home in Fayetteville (page 8). That is referring to their log house in the woods near the Pratt Inn.

* Question: Is the City Council okay with supporting the breaking of sworn testimony by developers in Federal Court?

In addition to Seth's sworn testimony not being carried out, there are serious questions about the bankruptcy trial as a whole. The trustee of the land did not advertise the $3.1 million sale of the 144-acre property sufficiently in that the City didn't know, the people of Fayetteville didn't know, and my guess is the U of A didn't know. So, the trustee said there were no buyers, but here is Seth Mims ready to buy and for $3.1 million! Where is the judge in this? Isn't he supposed to have the land appraised (would have been between $5 and $6 million) in order to set the sale price at the appraised value so that there would be no question of fraud? How is it that the judge, trustee, and Seth Mims came to this agreement of selling the 144 acres for $3.1 million? Many in Fayetteville who know about Markham Hill find this situation extremely questionable. If it was illegal or fraudulent in any way, then the City is complicit by continuing with SREG's money-making Markham Hill development project. I suggest finding out the truth before proceeding with any development and destruction of Markham Hill.

* Question: Will the City investigate the bankruptcy trial to make sure it was legal before continuing to support the Markham Hill development project?

A continually growing number of residents (who don't make money from development) of Fayetteville want to save Markham Hill and preserve it, for all the many good reasons you have heard over the past year.

This month of January we had over 1100 new signatures and supporters on our change.org petition to save Markham Hill. That is more than the number who answered your 2040 Plan infill survey that you rely on as truth.

I am unable to attend the February 4 City Council meeting because of another commitment. Please answer my questions via email to me and also to the residents of Fayetteville, the public, on February 4 at the City Council meeting.

Thank you for your time.

Sincerely,
Lisa Orton

#SaveMarkhamHill #PreserveFayetteville #KeepFayettevilleForested

https://www.dropbox.com/s/leiksz7l6dh1i8y/SethMimsTestimonyFederalCourt.pdf?dl=0