TOWER— After considerable discussion, the city council here agreed 4-1 on Monday to ask Superior Fuel to voluntary suspend its work in preparation for the installation of a 30,000-gallon propane tank at the intersection of Lake Ave. and Hoodoo Point Rd. while the city undertakes further investigation into whether the proposal complies with the city’s zoning ordinance.
That decision came after the council voted 3-2 to reject a motion by council member Kevin Norby to demand that Superior Fuel pause its activities at the site until the city can address questions about the activities planned for the area. Norby voted no on the voluntary approach, which was put forward as a motion by council member Joe Morin.
The site, which had long been a fuel storage facility owned and operated by Wilderness Fuel, was sold to Superior Fuel earlier this year. Superior Fuel applied for a permit this fall to replace the former fuel oil tanks on the site with a 30,000-gallon propane tank, which the city’s volunteer zoning administrator granted without much inquiry into how Superior Fuel intended to utilize the site.
The site is zoned residential but the commercial activity there had been grandfathered in as a “non-conformity.” Yet, under the city’s ordinance, non-conforming uses of land “shall not be expanded,” and it’s unclear whether city officials ever examined whether Superior Fuel’s plans would constitute an expansion. City officials focused on the fact that the total storage capacity of the site would likely decline, from about 50,000 gallons of fuel oil to 30,000 gallons of propane.
But during public input, speakers raised questions about the number of trucks that might come and go from the site daily, and whether an increase in truck traffic would constitute an expansion of the commercial activity. Joan Broten, a resident of the Mill Point development served by Lake Ave., also cited public safety concerns. “Propane is an explosive gas,” she noted while reading a prepared statement to the council. Broten predicted that Superior Fuel’s operation would lead to more truck traffic at an intersection that already serves about 20 private residences and a 30-plus unit RV park.
“Residents purchased and invested in their homes with the reasonable expectation that zoning regulations would be enforced consistently and that incompatible industrial uses would not be expanded near where families live,” she added. Broten said she believes the permit was issued hastily without sufficient information to know whether Superior Fuel’s plan would comply with the city’s ordinance.
Mill Point resident Al Kirkpatrick noted that other regulations apply to facilities like the fuel storage depot and he questioned whether the zoning administrator had confirmed compliance with those rules prior to issuing the permit.
During later discussion under the agenda, Norby, who also lives at Mill Point, urged a halt on Superior Fuel’s activities until more information could be gathered. Under the city’s ordinance, the city’s planning and zoning commission is charged with determining whether a proposed change in the use of a non-conforming site is appropriate and is expected to document their decision either way.
Despite the council’s decision to ask Superior Fuel to suspend construction, it was less clear what the council will do should the company decline to do so. Mayor Dave Setterberg suggested the city could face a lawsuit if it demanded a halt. But council member John VanDeVoort, who backed Norby’s motion to suspend activity at the site, said the city should focus on doing what’s right, rather than worry about legal action. He said the city could face a lawsuit regardless of which direction it goes.
In the end, Superior Fuel refused to halt its planned installation of the propane tank.
As of midday Wednesday, a large crane was preparing to lift the tank into place. Broten did momentarily attempt to block the driveway with her vehicle but soon changed her mind under the threat of possible arrest.
In other business, the council discussed updates on emergency medical services. Setterberg informed the council that he and Norby have had some discussions with Ely Bloomenson Hospital to see if there are ways the city’s ambulance service and the hospital might be able to work together. He noted that the hospital’s original idea for a joint EMS service to cover Ely, Tower, and Babbitt, fell through, but that the city has now prepared a draft agreement for greater coordination. “We started the conversation with Ely-Bloomenson to find out how we can take some small steps forward to do more coordination,” added Norby.
Among the steps envisioned in the proposal is that the hospital would assist with compliance oversight for the Tower Ambulance, review of run reports, submission of patient billing, assistance with staff training, and coordinate on ordering of medical supplies. Setterberg said the hospital staff seemed very positive about the proposal, but that it is now up to the hospital to review and offer possible suggestions or changes. Ultimately, said Setterberg, it would be up to the hospital board to give such an agreement its approval.
In other EMS discussion, Setterberg noted that the Sprint Medic pilot program was set to get underway on Monday, Jan. 19, and will operate from 8 a.m.-8 p.m., Monday-Friday. The program is being funded by a state grant approved by the Legislature. The program has now purchased three vehicles, one for use in the eastern part of the program’s service territory, another for use in the western part, and the third as a backup. The program is expected to shorten response time for incidents and provide advanced life support expertise for the calls to which they respond.
The council also discussed the possible creation of a taxing district to help fund the ambulance service. Currently, townships donate a set amount to the service based on their populations. Council member Bob Anderson has been exploring the possibility and council members urged him to continue that effort.
In other action, the council:
• Made their annual appointments to city boards and commissions, as well as designations of providers for city services. Most designations were the same as in 2025, although Jen Schutz was named the city’s auditor, replacing Walker, Giroux. Joe Morin will continue as acting mayor, while the Timberjay will continue as the city’s official newspaper. VanDeVoort, who joined the council last year, will replace Josh Zika on the Tower-Breitung Waste Water Board. The council also established a new personnel and grievance committee, which is required by the city’s union contract. Jen McDonough was appointed to serve on the ambulance commission.
• Hired two new members for the ambulance service, including EMT Jonathan Shenett, a Babbitt police officer who also serves with the Babbitt ambulance service. They also hired Anthony Yaley, of Mt. Iron, as an EMR.