When the State of Alaska published their Final Decision to sell the 150-acre race track lease to Mr. Lackey, they attached a number of conditions to the sale, both to resolve trespass and setback issues and to protect residents from expansion of the race track.

The Mat-Su Borough and the Butte Community Council became participants in this agreement, when they supported the sale to Mr. Lackey of Borough Land adjoining the track for parking and buffer, which was one of the conditions.

While a 200-foot buffer along the east side of the 150-acre parcel was made a condition and became recorded on the deed to prevent expansion of the track, the Mat-Su Borough did not follow through to meet this condition when they decided to sell the 27-acre Borough Land as General Purpose lands without recording on the deed the conditions required by the State and agreed to by the Borough. Subsequently, the State did not follow through to confirm that all conditions of sale had been met prior to conveying the race track lease to Mr. Lackey.

This sequence of events shows where Mat-Su and the State of Alaska failed to protect residents when the Mat-Su Borough sold 27 acres:

I. August 9, 2000: State of Alaska, Final Decision to sell racetrack lease with Conditions, including:

Condition 6) The applicant will also pursue purchase from the borough of approximately 27 acres, including the part that is cleared and for many years used for parking by the raceway. Approximately 1/3 to 1/2 of the area is parking lot and the balance would be maintained as a vegetative sound and visual buffer. This acreage collected junk and debris from the former raceway lessee, much of which has been removed. However, the applicant is willing to finish the cleanup and plant better screening vegetation and grass to minimize dust and noise.

Condition 7) The borough has agreed to re-notice the proposed sale of parking area and buffer lands to the raceway owners. The Community Council has previously concurred with an application to lease the parking area and provide a greenbelt between the raceway and property owners along the Old Glenn Highway.

II. June 15, 2001: Public Notice by Matanuska-Susitna Borough, listing 6 conditions, including:

Condition 6) The applicant will also pursue purchase from the borough of approximately 27 acres, including the part that is cleared and for many years used for parking by the raceway. Approximately 1/3 to 1/2 of the area is parking lot and the balance would be maintained as a vegetative sould (sic) and visual buffer. This acreage collected junk and debris from the former raceway lessee, much of which has been removed. However, the applicant is willing to finish the cleanup and plant better screening vegetation and grass to minimize dust and noise.

The public notice further states in the section "Proposal:" 

The Borough administration proposes to seek approval from the Borough Planning Commission and Assembly to sell the parking lot, the 50 foot section line easement and the proposed greenbelts to the Alaska Raceway Park. The greenbelts will be conveyed with strict covenants restricting their use so that they will be retained as scenic and sound buffers in perpetuity.

III. July 11, 2001: Butte Community Council resolution excerpt:

BE IT THEREFORE RESOLVED, that the Butte Community Council again request that the Mat-Su Borough lands east and west of Alaska Raceway Park not be sold, except for the approx. 20 acres to Alaska Raceway Park which is to be used for parking and noise abatement,

Community Council and neighbor testimony was in favor of this sale because of the public notice language regarding use of parking and buffer which staff had then omitted in the following documents:

IV. Planning Commission Resolution (AM 01-46), written by staff  PRIOR to the September 17, 2001 Planning Commission meeting, so as to have the resolution ready to be passed and/or amended during the meeting:

AM 01-46 lists Condition #6 only partially: i.e.

Condition 6) The applicant will also pursue purchase from the borough of the area used as parking for the raceway.

This is where the process broke down, because AM 01-46 left out the wording that “the parcel be used for parking be maintained as a vegetative sound and visual buffer.”

Therefore, unless members of the Planning Commission read the Public Notice and/or the State of Alaska Final Decision of Sale, they had no idea that the condition of use was that the parcel be maintained for parking and that the remainder was to be maintained as a vegetative sound and visual barrier.

5) November 6, 2006 - Ordinance adopted by Assembly with no mention that the parcel was to be used for parking and the remainder to be maintained as a vegetative and visual barrier. When community and residents supported the agreement, they were still under the impression that the parcel's use be for Parking and Buffer, one of the conditions which was to facilitate the State's Sale to Mr. Lackey.

6) State of Alaska Department of Natural Resources sold the state lease to Mr. Lackey without checking whether ALL conditions of sale had been met.

2006: Mr. Lackey plans to put a 1/3 mile oval Nascar style track for Northstar Speedway on the 27-acre parcel from the Borough, or on the 150-acre parcel from the State of Alaska.

If Mr. Lackey wants to build the track on the 27-acre parcel, he will have to break his promise and stated intent to the community, the Borough and the State of Alaska to keep the land in parking and buffer.

If Mr. Lackey wants to build the track on the 150-acre parcel, he will have to ask the Mat-Su Borough to remove the 200 foot mandatory buffer which was put there to keep the track from expanding. Mr. Lackey had agreed to these buffers when buying the track from the State of Alaska. Unfortunately Mr. Lackey then will also need additional Mat-Su Borough public lands tha adjoin his track to buffer the noise from his operation. This action will disenfranchise non-motorized recreational users from using these and State-owned public multi-use lands for their enjoyment.

Regardless of where Mr. Lackey wants to build the track, the additional noise, nuisance and traffic, partying and further destruction of public lands and resources will condemn the Community of Butte and its residents to a dismal future.