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HomeMy WebLinkAboutCouncil Workshop Minutes 04.10.2007 MINUTES COUNCIL WORKSHOP APRIL 10, 2007 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30 p.m. on April 10, 2007. COUNCIL MEMBERS PRESENT: x Emelie Eaton x Kate Hart x Gay Easton x Vonda Hotchkiss _x_ Doug PoeMs x Mark Mace x Chuck Dickerson _x_ Norm Stamper OTHERS PRESENT: Sam Painter Mary Embleton Jan Faught Rick Musson Steve Klotz Scott Wilm Four ambulance reserves Jim Huertas Walter Hall Jean Carroll Thompson David Trust, St. John's Lutheran Home Public Innut (three-minute Hmit): Citizens may address the Council regarding any item of City business not on the agenda. The duration for an individual speaking under Public lnput is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. · None Police Denartment: · Appointment of Laurel Police Officer - James Huertas Chief Musson introduced James Huertas, who will be appointed as a police officer for the City of Laurel at the council meeting on April 17th. James has served as a Laurel Police Reserve for over a year and went through the selection process for the police officer position. · Appointment of Laurel Police Reserve - Walter Hall Chief Musson introduced Walter Hall, who will be appointed as a Police Reserve at the council meeting on April 17th. Walter has served as a Laurel Police Reserve in the past and wants to be in full-time law enforcement. Ambulance: · Appointment of Laurel Volunteer Ambulance Reserves: Reinamer, Ted Rose, Scott Spina, Darla Poolet Debbie Abbey, Melissa Earl, Kelly Director Faught stated that ambulance reserves have not been appointed for several years; however, in order to keep consistency within the city departments, the reserves will be appointed fi:om now on. Jan introduced Scott Spina, Ted Rose, Kelly Reinemer, and Darla Poolet. Debbie Abbey and Melissa Council Workshop Minutes of April 10, 2007 Earl were unable to attend the council workshop. The appointments will be on the council agenda on 17th. Jean Carroll Thompson - Brip_ht 'N Beautiful Proeram Jean stated that Bright 'N Beautiful is part of the Keep America Beautiful organization, which is one of the branches of the Federation of Women's Clubs. The Laurel Federated Women's Club is involved in Bright 'N Beautiful. Donna Kilpatrick, a past council member, was a member of the group for many years. When Donna moved, she asked Jean Carroll Thompson to attend the meetings, and Jean has been involved for several years. Bright 'N Beautiful is a county organization that includes Laurel, Billings, and the surrounding Yellowstone County communities. The Bright 'N Beautiful Board members live in the communities in Yellowstone County. It is not a policing organization, but it takes volunteers to clean up the community. The organization has been in existence about twenty-one years, and the Laurel Federated Women's Club has been involved with the cleanup for twenty years. Jean stated that it is nice that the city is interested again, and she suggested having several cleanups in preparation for the city's 100-year celebration next year. The main cleanup is always scheduled during the fourth weekend in April, which will be on April 28th this year. Keep America Beautiful guidelines stated that the cleanup should take place between April 1st and May 31st. Some Laurel organizations clean up at the scheduled time, and other organizations do it at their convenience. Jean requested that the city provide some barrels and a dumpster for this year's cleanup. Bright 'N Beautiful provides posters and two banners, and they would like to hang the banners on the dumpster and on the fence at the pool Bags are available for distribution, and Bright 'N Beautiful would also provide bags for cleanup atter the 4t~ of July festivities. In the past, the dumpster has been placed on Main Street by Firemen's Park in the area of the Chamber building or at Thomson Park. Specific Laurel organizations often clean up the same areas each year, and the schools are given bags for cleanup purposes. The organization will be at IGA on April 27~ to distribute bags for the cleanup on April 28th. Mayor Olson mentioned that the department heads recently discussed how Bright 'N Beautiful would fit into the city's spring cleanup. Public Works Director Steve Klotz will schedule alley cleanup on Tuesday, May 1 st, to pick up branches and large items that residents want removed. Mayor Olson offered to participate in Bright 'N Beautiful day in Laurel. Vonda Hotchkiss has agreed to serve as the council's representative to Bright 'N Beautiful. Smokey Staudinger and Donna Kilpatrick also served in tliat position for many years. Mayor Olson told Jean to contact the public works director regarding placement of the dumpsters. Jean stated that the next Bright 'N Beautiful meeting is scheduled for April 18th at 11:45 a.m. at the Perkins on 27t~ Street in Billings. Laurel has benefited from awards given by the Bright 'N Beautiful organization~ The Town Square and others have won awards. Jean introduced Audrey Kemkes, who is this year's chairman for Bright 'N Beautiful from the Laurel Women's Club. Vonda will attend the meeting on April 18th. David Trost~ Vice-President of St. Jolm's Lutheran Homes - Public Trail Drooosal David Trust, the Vice-President of Management and Outreach Services for St. John's Lutheran Ministries, spoke regarding The Crossings project located on the comer of East Maryland and Alder Avenue. The Crossings is a residential community with forty-nine units of housing for primarily seniors age sixty-two and above. It is an active community for active adults. Twenty-four of the units will be for independent living residents and twenty-nine units will be licensed for assisted living. 2 Council Workshop Minutes of April 10, 2007 Half of those will be dedicated to those who need a little assistance, but there will not be a lot of staffing or health care in those thirteen units. The remaining twelve units are in a separate building called The Richardson Cottage, named al~er Lee and Irma Richardson~ The Cottage will serve those with memory impairments. Mr. Trust distributed a map of the landscaping plan at The Crossings. The landscaping plan is a $290,000 landscaping plan, and they aim to be a recipient of Bright 'N Beautiful awards. The project was almost not constructed, and they waited a long time before the elevator tower was erected because they were still working on the actual budget. The final bid from the construction drawings came in at $7.5 million, which was $1.2 million over budget on the $6.3 million base project. About $1 million was shaved out of the elevator tower project. He encouraged the council to view the north side of the project by the front entrance and look at the structural end exposed beam work on this project. David stated that about $250,000 was saved in landscaping costs. The Spring Fest 2007 fundralser will be dedicated to a major part oftbe landscaping, which they are calling the Community Walking Trail. It will be called the Community Walling Trail despite any action taken by the city council. They want to propose to the city council that the Community Walking Trail be an official community wl~lking trail through a process of public trails easement. David has discussed the project and funding options with the Public Works Department. Although it sounds like the city would not consider this as a priority, it would be elig~le for the potential application requirements of CTEP funding. The Spring Fest has a goal of raising a minimum of $20,000. The cost of materials to build the trail with crushed limestone would be $27,000. An upgrade to an asphalt trail would cost about $37,000 and concrete would cost about $39,000. The loop of the trail is exactly a quarter ora mile, so community residents will be able to measure the success of their walking and would be invited to use the campus for exercise. In future years, St. $ohn's plans to install exercise stations along the trail. Currently, St. John's is working with the City of Billings and the Alternate Modes Coordinator on a potential easement at St. John's to take the BikeNet, the citywide bike trail system, and run it right through the campus to connect the senior community to the rest of the public. It is a generic easement agreement between any patties and is the format that would probably be used for the Community Walling Trail. Included in this easement is an agreement that St. John's will take care of the trail. Mr. Trust explained the advantages for St. John's to ask for an easement from the City of Laurel. One advantage would be the hope to work together to seek additional funding through granting sources, whether it is CTEP or other funding. An available $75,000 grant for improving parks has to be sponsored by a government entity. St. John's could write the grant to get it sponsored by the city. It would have to be a public trail to make those funds possible for use to upgrade the trail fi.om limestone to asphalt or concrete. Long term, he hopes to work with the City of Billings and the City of Laurel to try to extend the Heritage Trail, which is a trail along the Big Ditch. The proposed easement would also provide St. John's with some protection from liability from the users of the trail. Trails that are dedicated to public use through an official means have a liability waiver from the State of Montana David stated that MCA states such and case law under this protection has been tested and has passed the test, and St. John's or the City of Laurel cannot be at fault for accidents or injuries that might occur because of the use oftbe trail or the surroundings around it. Since St. John's will open the trail to the public, they would like to have some of that pmteetion. 3 Council Workshop Minutes of April 10, 2007 Some sections of the trail will be hard surface concrete sidewalks, and there wilt be handicapped accessibility to the trail. Even if crnshed limestone is used, it will be installed as accessible material. The City of Bozem. an uses only crushed limestone in their public parks, and the parks and recreation director in Bozeman lam assured him that the users are happy with the product. However, David would rather use asphalt or concrete. He plans to seek a Laurel business to sponsor the trail, which would be named after the sponsor. If the project is done with asphalt, he will ask Cenex to donate the crude oil that goes into the asphalt. St. John's is working with community partners for the three components of the Spring Fest Fundmiser. The Garden Tea is scheduled on Wednesday, April 25 , at 4:00 p.m. On Friday afternoon, April 27t~, the ShootOut golftoment is scheduled. The Gala Event, which is scheduled for Friday evening, will feature the Ringling 5 and will be held in The Richardson Cottage. A minimum of $20,000 will be raised to do at least the crushed limestone surface for the trail, and they would like to raise enough for asphalt or concrete. A Trail Builder's Club is being formed for people who want to contribute $500 or moro to the trail project. A boulder or tree will be installed along the trail with a placard that states the donor for the section of the trail. Donation of a boulder or a tree would always be accepted. Grass seed will be drilled into the vacant lots around the property in order to control some weed over growth into St. John's propeaty. David asked Sam Painter to review the draft agreement to see if it would work for the City of Laurel. He asked that the city respond regarding whether or not it wants to proceed with the easement agreement. It would be at no cost to the city and St. John's would provide the maintenance for the trail. Mr. Trost stated that St. John's is proud of the project, and The Richardson Cottage is scheduled to open in the middle of May. Mayor Olson thanked Mr. Trost for the informative presentation and stated that staff would review this and get back to him. Publle Works: · Resolution - Approving City Services for Aviation & Technology Week Steve Klotz explained the services that the city will provide during Aviation & Technology Week. The Public Works Department will provide the solid waste service at $211.20, which is the value of the service. The Public Utilities Department will fund the cost of the porta-potties and the handwashing stations at $2,804.00. The resolution will be on the council agenda on April 17th. Clerl~frensurer: · Resolution - Authorizing Reimbursement from AAIG for the 1% Contractors withholding tax for the Johnson Controls contract Mary Embleton explained the resolution amending the previously approved agreement with the investment company that funded the majority of the Johnson Controls Performance Contract to replace the water meters with automated meters. With a construction contract, the city is required to withhold one percent of the contract price and submit it to the State of Montana Department of Revenue. The payments for this project have been made periodically as the project has progressed. The oversight was caught beforo the final payment was made so there is the opportunity to correct it. All American Investment Group requirod a revision in the language of the previously eppmved 4 Council Workshop Miautes of April 10, 2007 agreement that references Resolution No. R06-125. It simply included language that would allow AAIG to issue the City of Laurel the check for the one percent, which the city will then pay to the State. AAIG cannot pay it directly to the State; it is a requirement that the city does that. Mary asked the council to consider approval of the resolution in order to proceed properly. The resolution will be on the council agenda on April 17th. Executive review: · Appointments: o Cemetery Commission: Chuck Dickerson Mayor Olson will appoint Chuck Dickerson as a council representative on the Cemetery Commission. o 2007-2009 Fire Department Officers: · Scott Wilm, Fire Chief}, John Meeks, First Assistant Fire Chief; Terry Ruff, Second Assistant Fire Chief} Mike Zuhoski, Third Assistant Fire Chief Chief Wilm explained that the appointments of the Fire Department Officers will be for two years, 2007-2009 and the Company Officers will be appointed for the opposite two-year terms. This will save time for the Fire Department and the Company Officers. Scott mentioned that Laurel's increased population might cause a change in status in 2010 when the next census is completed. The appointments will be on the council agenda on April 17t~. · Cable Communications Franchise Ordinance Mayor Olson stated that the draft ordinance was presented at the March 27th council workshop so the council could review the document until the council is ready to have it go forward. There were no questions or coments on the ordinance. Mayor Olson stated that the cable franchise ordinance was drafted through the combination of ordinances in Billings, Bozeman, and Missoula. The draft ordinance has been reviewed by the Budget/Finance Committee. The ordinance provides a cable fi-enchise fee of five percent for the General Fund of the City of Laurel for the maintenance of the rights-of-way used by cable companies to provide services to customers. Mayor Olson stated that the comprehensive document is for council discussion tonight and its consideration to take it forward. After a brief discussion, the council asked that the first reading of the ordinance be placed on the council agenda on April 17th. A public hearing will be scheduled and advertised, and the second reading will be held two weeks after the public hearing. This will allow for ample opportunity for further review by the council. · Resolution - Authorizing the mayor to sign an agreement with the Billings City/County Planning Department for limited planning services Mayor Olson stated that the current city planner bas found some financial opportunities in Nevada and has resigned from the position. The city has started the process of advertising for a Planner 1, but it will take some time to fill the position. Candi Beaudry, the planning director for the Billings' City- County Planning Department, has presented a draft City-County Planning Services Agreement that will be presented to the Billings City Council on Monday. Exhi~oit A, Scope of Services, addresses the majority of the services that would be needed for our Planning Department. It would be funded by the Schedule of Fees and Charges for the Planning Department. The county commissioners have given a verbal agreement. This is a limited offer as the effective date "will terminate on the 1~t day of July, 2007." However, additional verbiage states that "the parties may extend this agreement in Council Workshop Minutes of April 10, 2007 writing prior to its t~mfination." Applications for the planner position are due on May 4th and an applicant will be selected for the position. Mayor Olson stated that staff has worked diligently to make this as smooth a transition as possible. The resolution and agreement will be on the council agenda on April 17t~. Council issues: · Update status of City of Billings' water intake proposal (Council Member Mace) Mayor Olson will contact Shoots Veis regarding the next scheduled meeting. Gay Easton, Doug Poehls, Chuck Dickerson, and Emelie Eaton will serve on the task force for this issue. Mark Mace stated that Dave Mumford informed him of a meeting next week to discuss with Engineering, Inc., the possibility ora broader scope project that would start with a massive reservoir at Big Timber and would eventually feed the whole valley. It would benefit the city to attend that meeting. Further details will be given to the task force members as soon as poss~le. The appointments to the task force will be on the council agenda on April 17t~. · Request for Council name tags for special events (Council member Dickerson) Chuck Dickerson requested name tags for the council members to wear at meetings. Suggestions will be given to Gay Easton, and a decision will be made soon. Other items: Vonda Hotchkiss expressed appreciation that a concrete barrier was placed at the trail location by the soccer field where children were riding bikes into the street. Mayor Olson stated that Chief Musson and Steve Klotz completed the request. Kate Hart reported that the Park Board met last week. Steve Klotz reviewed the parks and the needs for each park. The Park Board will present information regarding a master plan to the council. Emelie Eaton mentioned the potholes at Railroad Street and Fifth Avenue that are causing traffic problems. Doug Poehis stated concern regarding a high pressure gas line located in the vicinity of the greenhouses on Railroad Street. One of the shutoffvalvas is within about three or four feet of the road. He is concerned that a semi going to Wal-Mart will cut the comer and clip the gas line, as there is no retaining wall to prevent it. The gas line is located in the county, but it is close to city boundaries and something should be done to protect it. Chuck Dickerson asked for a status report for the walking bridge by Murray Park at the next council workshop. Mayor Oison stated that the majority of that work is through the county, and an update will be requested. Mayor Olson stated that work is progressing on the track mute and the council will be updated as soon as possible. Review of draft council alenda for April 17~ 2007: · Public Hearings: 6 Council Workshop Minutes of April 10, 2007 Ordinance No. 007-02: Ordinance mending Sections 2.84.010 and 2.84.020 of the Laurel Municipal Code, changing composition of the Cemetery Commission and officer selection process. (First reading - 04/03/2007) Ordinance No. 007-03: Ordinance to regulate street and sidewalk usage and p~mdtting inthe CityofLaurel. (First reading - 04/03/2007) The task force appointments, the cable communications fi'anchise ordinance, and the swearing in ceremony for the new police officer will be added to the council agenda. Mayor Olson mentioned that a presentation will be made to members of the Laurel Garden Club in recognition for their efforts in the city. The Yellowstone Historic Preservation Board will give its annual presentation. Attendance at the April 17th council meeting: Kate Hart might not attend the meeting. Announcements: Mary Embleton asked the council to submit the registration forms for the Elected Officials' Workshop in Billings in May. The council workshop adjourned at 7:50 p.m. Respectfully submitted, Cindy Allen Council Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 7 PUBLIC BIKEWAY/WALKWAY TRAIL EASEMENT AGREEMENT This easement agreement is entered into by and between, a Montana corporation, (referred to in this agreement as the "Grantor"), and Yellowstone County, Yellowstone County Courthouse, 217 N. 27th Street, Rm 403, Billings, MT 59107 and the City of Billings, City Hail, 210 N. 27th, Billings, MT 59101 (referred to in this agreement as the "Grantee"). WHEREAS, the Grantor is the owner of the real property located in Yellowstone County, Montana, described as follows: Legai Description: See Attached Exhibits WHEREAS, the Grantee wishes to obtain a public bikeway/walkway trail easement across a portion of the Grantor's Property, and the Grantor is willing to grant such an easement to the Grantee; NOW, THEREFORE, in consideration of the mutual promises set forth in this agreement, the parties agree as follows: Section 1. Grant of Easement. The Grantor hereby gifts and quit claims to the Grantee, subject to the conditions and limitations set forth herein, a nonexclusive easement over and across a portion of the Grantor's Property, for the purposes, and on the terms and conditions set forth in this agreement. Section 2. Purpose and Use of Easement. The easement is for the purpose of constructing, operating, and maintaining a public bikeway/walkway trail as part of the City of Billings/Yellowstone County bikeway/walkway trail system. Section 3. Description and Location of Easement. The bikeway/walkway trail is approximately ten (10) feet in width with an easement width of twenty (20) feet and is located on a portion of the Property as shown on Exhibits, attached to this agreement. Section 4. Additional Rights. The Grantee on behalf of the public shall have a right of access utilizing the trail easement described above for the purpose of non-motorized bicycles and pedestrian use, together with the right to install, construct, operate and maintain trails and waikways. Section 5. Construction and Maintenance. The trail easement described above shall be constsmcted and maintained in good repair and safe for public travel by the Grantee at the Grantee's sole expense. The Grantee warrants the trail easement described above shall be operated in a safe and responsible manner. The Grantor shall not be liable for any of the expense of constructing, operating, or maintaining the easement. Section 6. Grantee's Promises. The Grantee warrants and agrees that it shall promptly repair, compensate, and make whole any damage to the Grantor or Grantor's Property caused by or associated with, construction, repair, reclamation, failure to maintain, failure to regulate or control use of the trail easement. The Grantee accepts liability for acts or omissions of its own or its agents, guests, invitees or the public, pertaining or related in any way to Grantee's design, construction, maintenance, operation, or any use of the trail easement. The Grantee also accepts liability for acts or omissions of its own or its agents, guests, invitees or the public, on the Grantor's Property, which is pertaining or related to, resulting from, or associated with, the trail easement. Section 7. Indemnification. The parties shall and do hereby agree to mutually indemnify and hold harmless the other, including without limitation the party's agents, directors, officers and employees, from and against all claims, damages, fines, judgements, penalties, costs, liabilities or losses (including any and all sums paid for settlement of claims, attorney fees, consultant and expert fees, whether incurred prior to trial, at trial or on appeal) arising during or after the term of this Agreement, whether relating to injury to or death of any person or damage to any property, resulting from or in any way arising out of the indemnifying party's act or omissions in performing such party's duties and obligations under this Agreement. Section 8. Use of Easement by the Grantor. The Grantor reserves the right to use the area subject to the easement for purposes which will not unreasonably interfere with the Grantee's exercise of the fights granted by this agreement. Section 9. Easement to run with Land. This easement agreement will run with the land and will be binding on the Grantor and the Grantee and the successors and assigns of the Grantor and the Grantee. Section 10. Assignability. This easement agreement is not assignable by Grantee without the written consent of the Grantor. Section 10. Termination of Easement. It is the intent of the parties that this Easement shall be perpetual and can only be terminated by mutual consent of the Grantor and the Grantee or their successors or assigns. Section 11. Warranties of Title or Condition. The Grantor makes no representations or warranty as to the title to, or condition of, the Trail Easement or the Property. IN WITNESS WHEREOF, the Grantor and the Grantee have executed this agreement on the dates set forth below. 2 GRANTOR: By: Name: Title: STATE OF MONTANA ) :SS County of Yellowstone ) On this day of ,200~, A. D., before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person(s) who executed the within instrument and acknowledged to me that they signed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first written above. (NOTARY SEAL) NOTARY PUBLIC for the State of Montana Residing at My Commission Expires: GRANTEE: CITY OF BILLINGS By: Name: Title: STATE OF MONTANA ) :SS County of Yellowstone ) On this day of ,200__, A. D., before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person(s) who executed the within instrument and acknowledged to me that they signed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first written above. (NOTARY SEAL) NOTARY PUBLIC for the State of Montana Residing at My Commission Expires: 4 GRANTEE: COUNTY OF YELLOWSTONE By: Name: Title: STATE OF MONTANA ) :SS County of Yellowstone ) On this day of ,200__, A. D., before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person(s) who executed the within instrument and acknowledged to me that they signed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first written above. (NOTARY SEAL) NOTARY PUBLIC for the State of Montana Residing at My Commission Expires: 5 70-16-302 (Temporary)Restriction on liability of landowner. (1) A person who uses property, including property owned or leased by a public entity, for recreational purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose if the person does not give a valuable consideration to the landowner in exchange for the recreational use of the property. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct. For purposes of this section, valuable consideration does not include the state land recreational use license fee imposed under 77-1-802 or other funds provided under 77-1- 815. (2) As used in this part, "landowner" means a person or entity of any nature, whether private, governmental, or quasi-goveramental, and includes the landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, irrigation district, drainage district, and persons or entities in control of the property or with an agreement to use or occupy property. (3) As used in this part, "property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property. (4) The department of fish, wildlife, and parks, when operating under an agreement with a landowner or tenant to provide recreational snowmobiling opportunities, including but not limited to a snowmobile area, subject to the provisions of subsection (1), on the landowner's property and when not also acting as a snowmobile area operator on the property, does not extend any assurance that the property is safe for any purpose, and the department, the landowner, or the landowner's tenant may not be liable to any person for any injury to person or property resulting from any act or omission of the department unless the act or omission constitutes willful or wanton misconduct.(Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.) 70-16-302. (Effective on occurrence of contingency)Restriction on liability of landowner. (1) A person who uses property, including property owned or leased by a public entity, for recreational purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose if the person does not give a valuable consideration to the landowner in exchange for the recreational use of the property. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct. For purposes of this section, valuable consideration does not include the state land recreational use license fee imposed under 77-1-802. (2) As used in this part, "landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, irrigation district, drainage district, and persons or entities in control of the property or with an agreement to use or occupy property. (3) As used in this part, "property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property. (4) The department of fish, wildlife, and parks, when operating under an agreement with a landowner or tenant to provide recreational snowmobiling oppommities, including but not limited to a snowmobile area, subject to the provisions of subsection (1), on the landowner's property and when not also acting as a snowmobile area operator on the property, does not extend any assurance that the property is safe for any purpose, and the department, the landowner, or the landowner's tenant may not be liable to any person for any injury to person or property resulting from any act or omission of the department unless the act or omission constitutes willful or wanton misconduct.