City of Madison reaches agreement to keep ice arenas open under non-profit ownership
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Ownership of the Hartmeyer Ice Arena will be transferred from Madison Ice, Inc. to the newly-formed East Madison Ice Collective (EMIC) if and only if EMIC raises $3 million in private funds for necessary improvements to the arena. The City of Madison will retain the ability to take the property back if the money is not raised.
The Madison Common Council approved an agreement at its January 14 meeting that will keep two popular ice arenas in Madison open and address the outstanding debt owed to the City. The ice arenas serve a number of ice sport organizations and have around 400,000 combined visitors per year.
Under the agreement, ownership and operation of the Hartmeyer Ice Arena on the north side of Madison will be transferred from Madison Ice, Inc. to a new non-profit, the East Madison Ice Collective (EMIC), which will lead a new fundraising effort to raise $3 million in private funds to replace the arena’s roof, as well as new chiller, HVAC and compressor equipment and upgraded electric transformers.
Madison Ice, Inc. has owned both the Hartmeyer Ice Arena and the Madison Ice Arena on the city’s west side since 2004, when the City sold both properties to the non-profit through a land contract. Prior to the sale, the City owned and operated both facilities for many years. The subsidy for the arenas was approaching $250,000 annually. In addition to paying operating expenses for the past two decades, Madison Ice, Inc. has spent around $5 million in facility maintenance and other capital improvements while making payments to the City.
Starting in 2020, a global pandemic, increasing operating costs, and the need for major facility improvements jeopardized the ability of Madison Ice, Inc. to successfully operate the ice arenas. This prompted Madison Ice, Inc., the arena’s users, and the City’s Economic Development Division to seek a new solution that would keep the ice arenas as community-run assets while also limiting the impact on Madison taxpayers. The agreement approved by the Council is a framework for reaching those goals which includes strict conditions to ensure compliance.
This agreement is a unique opportunity to leverage millions of dollars of private support needed for a facility used by thousands of Madison residents without requiring the expenditure of additional City funds.
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Matt Mikolajewski, City of Madison Economic Development Division Director
Why this was necessary
Since the initial sale, the City of Madison refinanced Madison Ice, Inc.’s debt in 2011, 2017 and 2021. The City also provided a Capital Improvement Loan of $1,075,240 to the non-profit in 2017. Madison Ice, Inc. reports annual operating expenses for the ice arenas to be about $1.4 million, with revenues showing losses over the last two fiscal years (-$56,364 in 2022 and -$43,744 in 2023). At the end of Fiscal Year 2023 (April 30, 2024), Madison Ice, Inc. reported having just $178,042 in cash on hand.
Madison Ice, Inc. has paid the City of Madison a total of $446,516 toward the land contract to date but has since fallen into default. The 2021 debt restructuring included provisions that allowed for $0 in payments in 2021 due to the effects of the COVID-19 pandemic and a new payment plan picking up after that, with annual principal and interest payments of about $120,000 per year starting in 2022 and lasting until January 2028, when a final payment of $1,031,418 would have been due.
The outstanding debt owed to the City of Madison between the land contract and the Capital Improvement Loan now totals $1,613,365.
The Hartmeyer Ice Arena needs about $3 million in necessary repairs, including a new roof, new chiller, HVAC and compressor equipment, and upgraded electric transformers. Madison Ice, Inc. has previously invested $5 million into the maintenance and other facility upgrades at the arena.
Under the terms of the contract, once Madison Ice, Inc. was in default, the City had three possible remedies:
Identify a long-term solution with stakeholders and amend the contract with Madison Ice Inc. to keep the ice arenas open and operated by community-focused nonprofits.
Take back the properties and run the ice arenas as City Facilities. The City would be responsible for operating expenses and capital costs, including the immediate need for $3 million in facility improvements to Hartmeyer and expected repairs to the Madison Ice Arena in the near future.
Take the properties back and shut down the ice arenas. This would start a new process where City staff, elected leaders, and residents would determine the future use of the properties.
City staff was asked to work with Madison Ice, Inc. to identify a privately-led solution to keep the arenas open without spending any additional City funds. The East Madison Ice Collective (EMIC) was identified as an option to take over ownership and operation of the Hartmeyer Ice Arena, while Madison Ice, Inc. would retain ownership and operation of the Madison Ice Arena.
Ownership and operations transfer process
The transfer of Hartmeyer Ice Arena to EMIC will only occur once EMIC raises $3 million from private sources to fund the necessary capital improvements. The City is giving EMIC three years to raise that money or the equivalent of $3 million through in-kind services. During the fundraising period, the City will not expect any payments toward the existing debt. If $3 million is not raised within three years, the City will have the option to take back the properties and re-evaluate its options.
If and only if that money is raised, the City will then terminate its existing land contract with Madison Ice, Inc. for Hartmeyer Ice Arena, and the property will be transferred from Madison Ice, Inc. to EMIC for the price of $1. The existing debt associated with Hartmeyer Ice Arena (a total of $1,284,612) will be restructured as a forgivable loan between the City and EMIC. To ensure terms are met by EMIC, the debt will be slowly forgiven over a 15-year period.
Madison Ice Inc. will maintain operations of the Madison Ice Arena and the existing debt associated with that facility ($328,753) will also be restructured as a 15-year forgivable loan.
If ownership of Hartmeyer Ice Arena is transferred from Madison Ice, Inc. to the East Madison Ice Collective (EMIC), a Deed Restriction will be placed on the land mandating it continue to be used as a sports and recreation facility into the future and not for any other use.
New safeguards
The City of Madison has a long history of directly supporting both Hartmeyer and the Madison Ice Arena, stretching back to the 1960s. The agreement approved by the Common Council contains new conditions that require the ice arenas to remain facilities that serve the public interest.
A Deed Restriction will be placed on both properties mandating they continue to be used as “sports and recreation” facilities and run by non-profit entities. This is being done to ensure both properties continue to be used as ice arenas and prevent them from being sold and used for something other than what is intended through this agreement. Previously, these long-term deed restrictions on the properties did not exist.
Both Madison Ice, Inc. and EMIC will also be required to maintain a cash reserve equivalent to 25 percent of their typical annual expenses to cover unanticipated capital and operating needs. The City will retain the ability to negotiate a release from the deed restrictions at a future date if either or both of the non-profits cease operations or wish to sell the properties. The City can demand financial compensation for any release from the deed restrictions.
The Economic Development Division will now work over the next six months to finalize the provisions of the agreement.
Historically, Madison Ice, Inc. has made money some years and has lost money in others.
What is the East Madison Ice Collective (EMIC)?
It is a new non-profit with an interest in owning and operating the Hartmeyer Ice Arena that has committed to privately raising the $3 million needed for needed capital improvements to Hartmeyer Ice Arena within three years. EMIC believes it needs a path to long-term ownership and a path toward forgiveness of the outstanding debt in order to raise this money.
If the $3 million is raised, what happens to Hartmeyer Ice Arena?
Ownership of the arena would be transferred from Madison Ice, Inc to the East Madison Ice Collective for $1, and the outstanding debt related to Hartmeyer Ice Arena (currently $1,284,612) will be restructured as a loan that could be forgiven over 15 years.
What will happen to Madison Ice Arena?
Madison Ice, Inc. will continue to own and operate Madison Ice Arena. Under this agreement, the City of Madison would terminate its existing land contract with Madison Ice, Inc. and forgive the existing land contract debt associated with Madison Ice Arena (currently $328,753) over a 15-year period.
Will these transactions happen soon?
None of these proposed actions would occur unless and until the East Madison Ice Collective raises $3 million within three years. If that money is not raised, the City of Madison will re-evaluate its options.
What prevents one of the non-profits from selling and profiting from the sale of one of the properties in the future?
A deed restriction will be placed on each property as part of the ownership transfer. The deed restriction would limit the use of the properties for “sports and recreation” facilities even if ownership changed hands. If someone wanted to use the property for something else, the City would need to release the deed restriction and the City could negotiate compensation for releasing the deed restriction at that time.
If the City of Madison were to sell the properties for another use, how much money might the City make?
Each property is worth several millions of dollars if sold to a market rate housing developer. If the sites were developed as affordable housing, the City may not make as much money because of the subsidy that the City often needs to provide affordable housing developers.