Town approves gas station beer cave, wants to change Dark Skies Ordinance to avoid conflict with Saddle Club

The Westcliffe Board of Trustees (BOT) held their regular meeting on August 19. On the agenda, under Old Business, was consideration of the Alta Convenience Store’s modification of premises for their beer cave, an item that had been tabled from the July meeting, pending advice from the town’s new attorney. “Alta has met all the requirements from the state for the license,” said Mayor Paul Wenke, addressing Town Attorney Dan Findlay: “What authority does the Town Board have to approve or deny the request?”

Findlay replied that, given that all the state requirements had been met, there was nothing that would give the BOT grounds for a denial. Wenke then called for a motion to approve or deny. The motion to approve passed unanimously.

Under New Business was a report from the Custer County Tourism Board (CCTB), and consideration of a request for the Town to enforce its municipal lighting code §10-4-3, with regard to outdoor lighting at the Wet Mountain Valley Saddle Club.

John Van Doren and Deb Adams, representing the Tourism Board, laid out the “full season marketing plan” that CCTB had developed with the assistance of a consultant from the state Tourism Board. “We’ve had a sharp increase in county population and second home ownership in the past 25 years, as well as cell phone data to support the fact that people are coming back in November and December and over spring break,” said Van Doren. “The first step to executing a marketing plan is to bring together the business community, the town, and the tourism board. Deb and I went around town talking to business owners. We have a nucleus of a “business round table” to make the town attractive in the wintertime.

“Everyone knows what happens now – the town closes down in October and there’s a skating rink on the south side of Main Street.”

The BOT asked what he meant by “the town closes down.” “It closes down in appearance and in maintenance,” Van Doren replied: “We act as if Christmas hasn’t even happened. Some of the comments we’ve gotten from second home owners are that there’s nothing to do in town [during the winter] – it’s as if we decided the season is over sometime in October. Even some of the shop owners close down and leave.”

Van Doren said that the marketing plan consisted of three parts: “Part One is marketing to full-time residents – encourage them to use our restaurants and shops. Everyone we have talked to would like to put Christmas lights up.”

“When I was President of the Chamber of Commerce, I lit this town personally from Grandma’s House to the Saddle Club up to Tony’s,” said Wenke: “When I stopped being President, nobody cared – I would have to see some evidence that the store owners want to do this.”

Trustee Mark Dembosky suggested that, as a full-time resident, he looked forward to the Town winding down for the winter.

“I want to read you what’s in your master plan,” said Adams, referring to wording on encouraging winter tourism: “You’ve already given it thought, but not action.” Adams spoke of “transforming Westcliffe into a year-round town – encouraging people to live here year-round to support local merchants – 25% of the town’s houses are empty during the winter. The town should collaborate with Silver Cliff and the county on winter tourism.” She laid a special emphasis on holiday efforts such as snow sculptures and Christmas lighting. “This is in your master plan,” she conclude; “We need to get some financial backing from the town. Isn’t there some money left in the Facade Grant fund? Why can’t the town chip in, since it’s in the master plan?”

“Let me go on to the second part of the marketing plan,” Van Doren said: “Part Two is appealing to second home owners, who are likely coming from the Front Range. Part Three is marketing to the Front Range.”

“Bring a proposal with costs back to the town,” Wenke advised: “I would love to see the town get lit up.”

“I would have to agree with Paul that it’s really frustrating to be in town government and be expected to do everything,” said Trustee Christy Patterson: “I want to see some investment from business owners.”

Tamara Patterson, owner of A Little Worn at Third and Main, suggested that Trustees “just drive by my place and see that I have a few ideas. My whole patio area will be completely done up this fall. I would like to do that for Christmas too. I understand wanting the town to die down in the winter, but if you own a business, it’s not that great. I would like to be open all year.”

“Let’s just focus on November-December and New Year’s,” Van Doren suggested: “We don’t have to light up all the way to Tony’s.”

“We still have the lights up [on town buildings]– we can plug them into the light pole fixtures we have,” Wenke said: “We need a plan in front of us.”

The BOT discussed whether money left over from the Facade Grant fund, a sum of about $20,000, would be an appropriate use for lighting. “If the Facade Grant time period is come and gone, maybe we could take that money this year,” Patterson suggested: “I don’t think it’s unreasonable to do that if there is a good plan in front of us. We can put some money into budget for this in 2026.”

“If we want to get this lighting thing done, we need to get started by October 7,” said Wenke: “We can look into the Facade Grant money – if businesses want this, they can put in some money too.”

Wenke requested that the lighting ordinance matter be tabled until the September meeting: “Christy has been doing some research on other Dark Skies communities. She’s making a table comparing all their ordinances, seeing if they have sections that pertain particularly to sports lighting…she will have that table ready for the September meeting.”

Other Trustees, principally Chuck Jagow, wanted to go ahead with discussion. “The Saddle Club has been in violation [of the Dark Skies ordinance] for years.” A motion to table showed a divided Board, with Wenke, Patterson, Randy Wilhelm, and Art Nordyke voting Aye; and Dembosky, Jagow, and Fulton voting Nay.

The motion passed, but debate raged on regardless, with Jagow, who is also President of Dark Skies, Inc. again bringing up the Saddle Club being in violation of existing ordinances, asserting that they are supposed to be getting special use permits to operate their outdoor lighting outside of the times specified for the Rodeo.

“What do you want us to do, Chuck?” Wenke asked. “I want the Saddle Club to abide by the rules,” Jagow replied. “Have they ever come in to explain why they are in violation?” Other members of Dark Skies who were present argued that they could not operate the Observatory when the Saddle Club’s lights were on.

Patterson argued that one organization’s needs should not trump another’s, and that the present ordinance needed to be substantially reworked to avoid confusion about compliance. “We have the smallest Dark Skies ordinance of any community out there. Other places spell everything out in a way that’s very clear to the layman.”

“I certainly agree that the long-term solution is a refined ordinance,” Findlay said: “Doing the research and getting the parties together is a step in the right direction. Enforcement of a bad law is not always good, but you won’t get compliance without enforcement. I don’t think punishing past behavior is great, I think the best way is to get the ordinance revised and then you can enforce it.”

“This is not a Dark Skies versus Saddle Club issue,” Jagow argued: “This is a Town versus Saddle Club issue. Dark Skies Inc. are keen users of our dark skies and are stewards of it.”

“We can schedule a workshop after I get done with the research,” Patterson said.

In other business, the BOT considered and approved Resolution 2-2025, to amend the Town Policy Handbook to add a “distracted driver” clause; considered and approved changing the town’s Internet service from Hilltop Broadband to Starlink; considered and approved Resolution 3-2025, modifying the town’s phone service and adding Erin Christie as the authorized point of contact; and heard Trustee reports.

Wenke said that three engineers had submitted proposals for the water and sewer infrastructure project for town-owned lots, and that they were moving forward with Round Mountain Water and Sanitation District: “I would like to get this all done before the frost hits. Then, I want to get the property appraised after we have the infrastructure in,” suggesting that a private developer for housing could “use the appraisal as equity.”

– Elliot Jackson