Council seeks changes in designated outdoor refreshment area ordinance for Ironworks Plaza

MISHAWAKA — Changes are expected in the city's plan to set up a Designated Outdoor Refreshment Area (DORA) after a somewhat contentious informational meeting Wednesday night on the proposed ordinance.

The city made its case to Common Council members, asking the governing body to take advantage of a new state law that would allow people the opportunity to carry open drinks during select hours and days in an area in Ironworks Plaza. They would need to carry special cups and stay in a defined space.

Despite more than two hours of dialogue, the lines of questioning from council members indicated that they appeared reluctant to allow the proposed ordinance to pass as presented last month without making changes.

Also under consideration: City officials explore the possibility of a restricted DORA for downtown South Bend

Council President Gregg Hixenbaugh said Thursday night the DORA ordinance would not be on the Common Council's Monday night meeting agenda. He said he expected a further discussion on possible amendments to the ordinance that could push the public hearing on the matter to the second council meeting in July.

The council will meet at 6 p.m. July 15 in the council chambers at City Hall, 100 Lincoln Way W.

Last year, the Indiana General Assembly set up the DORA process. Many communities have set up DORAs to stimulate economic development and bring people to the area as a way to enhance visitors' experiences.

Background: City seeks new downtown outdoor drinking area with smaller footprint and fewer hours

Mishawaka's proposal has been under consideration since August 2023, and it's already undergone one revision to limit its scope, when it was reintroduced in May.

Restaurant owners said Wednesday they have patrons on Sundays who are prevented from taking a drink purchased from their establishment and walking over to the Farmers Market on Ironworks Drive because of the current state liquor laws. Others attending events such as the weekday concert series have to separate from families if they want to take part in buying alcoholic beverages in Ironworks Plaza.

City speakers said the new designation will clear up some of the liquor licensing quirks in state laws that have hamstrung the city in its ability to have more regular hours for its Ball Band Biergarten.

For example, Ken Prince, director of planning and community development, said the Biergarten has limited hours because it cannot have an adequate license because it has no inside space. It is an outdoor venue.

Prince said the city of Mishawaka has been working for the past 25 years to enhance the city to make it a destination where people can enjoy it and businesses can thrive in it. He said the DORA is a step in enhancing the city's efforts.

"This is really not as much about alcohol as it is about creating a destination, or continuing the destination in downtown Mishawaka," Prince said. "Alcohol currently is permitted in the downtown, it's permitted in the DORA area, and the only thing we're talking about addressing here is that the Indiana Legislature has given us a tool to deal with all of Indiana's antiquated system on alcohol."

Speakers talked of situations currently where a person is prevented from leaving the premises of a restaurant or the city's Biergarten with a drink while their family is in another part of the park. A DORA would allow the person to be in the designated area with a special cup.

Matt Lentsch, director of development and governmental affairs, said the drink prices will not be cheap. "The price point for folks going down to Ironworks or the Biergarten is about $8 or so a beer and about $13-$15 a cocktail, and that's not going to change with the implementation of DORA," Lentsch said.

Some questions involved allowing Sunday hours for people to have the chance to purchase "to go" cups with drinks from three vendors who are interested in the program: Sun King Brewery, Mishawaka Public House and Social Cantina.

Council member Dale "Woody" Emmons expressed reservations over having the DORA hours on Sundays.

"Basically, parks are supposed to be family-oriented," Emmons said. "We're enhancing the facilities, restaurants that sell more beer and margaritas or whatever. And we're getting away from a family-oriented park, especially on Sunday."

Other concerns came from business and restaurant owners outside the proposed DORA — roughly Ironworks Drive and Beutter Park — who asked why the city was not including them in the program.

Both Council Member Lacy Hahn and LaRae Perrin, an owner of Craft One Half restaurant on North Main Street, questioned whether the older downtown Mishawaka areas could be in a DORA.

Lentsch said Mishawaka would qualify to have up to seven DORAs in the city limits. He said the city had proposed the original area because it wanted the city to study and assess its success before trying to expand the outdoor refreshment area concept.

"We were hoping to walk before we run, taking a conservative approach," Lentsch said in response.

To review, the current DORA ordinance calls for a trial period from July 1 to Oct. 31. The ordinance would be evaluated after that time period to see whether the designation would continue through the winter hours or be suspended until the spring of 2025.

The current hours in the ordinance would allow the DORA to operate from 4 to 10 p.m. on Wednesdays, Thursdays and Fridays, from noon to 10 p.m. on Saturdays, and from 11 a.m. to 4 p.m. on Sundays. There would be a "last call" provision in effect where licensed vendors would have to stop serving drinks for the DORA 30 minutes before its end. The DORA also would not be in effect on Mondays and Tuesdays.

The Riverwalk area and the street area along West Front Street by The Mill complex were removed from the DORA for safety reasons. The reductions would eliminate concerns from apartment dwellers over people walking along the street and by the river.

Lentsch said during and after Wednesday's meeting that the city would review the comments from the meeting and likely offer revisions and amendments to the DORA ordinance.

Email Tribune staff writer Greg Swiercz at gswiercz@sbtinfo.com.

This article originally appeared on South Bend Tribune: Council seeking changes in plan for outdoor refreshment area downtown