Raymore council signals support to negotiate MOU with Silver Lake HOA after disputes over median tree care

Raymore City Council members met in a July 7 work session to discuss longstanding, informal city maintenance of trees and medians in the Silver Lake neighborhood and to authorize staff to negotiate a formal memorandum of understanding (MOU) with the Silver Lake Homeowners Association.

City staff said the issue stems from a 2012 letter that assigned mixed responsibilities between the city and the HOA and from decades of informal practice. Jim, a city staff member, told the council the longstanding arrangement has left the city exposed to unplanned expenses and said staff wants an MOU that clarifies responsibilities going forward. “When contacted by a designated HOA representative, which would be outlined in the MOU, we will cut down dead trees only,” Jim said.

The request matters, staff said, because the city has been removing dead trees without a formal agreement and the cost could quickly exceed thresholds that require council approval. Jim said stump grinding and removal typically run about $1,000 per tree, while trees that have grown into power lines can cost up to $5,000 each; he warned that several removals could push total spending over $10,000. The city manager, Jim said, is “a little bit nervous” about exposing city taxpayers to those costs until responsibilities are formalized.

Council members described the history and competing practices. Council Member Bills said the city should be firm in negotiations and consider a phased sunset—removing dead trees for a limited period, then shifting permanent responsibility to the HOA. Council Member Mills proposed a similar staged approach, suggesting a five-year taper. Council Member Barber pressed staff on immediate safety risks and recommended cutting trees that are in city right of way and impinging on power lines.

Council discussion produced two near-term outcomes that staff reported would guide next steps. First, staff will seek an MOU with the HOA that would: require the city to remove only dead trees after contact by a designated HOA representative; avoid city replacement and ongoing watering obligations; formalize that the HOA would assume long-term ownership and maintenance of medians; and require the city to maintain the Silver Lake spillway to APWA and DNR standards. Second, staff indicated the council gave an informal nod to remove three trees along Lucy Webb Road that are in the city right of way and are contacting power lines; two additional trees in medians will await the outcome of the MOU talks. Jim told the council there are five currently identified dead trees involved in the immediate matter and that medians across the neighborhood contain roughly 50–80 trees if a full clear-out were required.

City attorney Zerr cautioned about legal uncertainty around decades of informal practice. “From a legal standpoint, the city did not enter into that agreement,” Zerr said, adding he doubted an informal expectation would “fly ultimately in court” though it could present a claim the HOA might raise. Zerr said a council decision to stop providing maintenance after a stated date would place the burden on the HOA to pursue legal remedies if it disagreed.

Other details raised during the discussion included complaints from at least one resident that trees along the lake had been illegally girdled in recent years, and reminders that Evergy, the local utility, trims live trees near power lines but will not remove dead trees. Staff said the city arborist can tag trees to indicate whether the city removed or replaced them, a measure staff proposed to avoid future ownership confusion.

Staff asked the council for permission to enter MOU negotiations with the Silver Lake HOA and to report back with a proposed legislative item for formal council approval. The council did not take a formal roll-call vote during the work session; staff characterized the direction given as an informal nod to proceed with negotiations and to allow removal of the three hazardous right-of-way trees on Lucy Webb Road pending follow-up action.

The council also asked staff to pursue clear contact information for the HOA so the city knows whom to notify when responsibilities change and to include standards for spillway maintenance aligned with DNR and APWA requirements in any agreement.

What’s next: Staff will begin MOU negotiations with the Silver Lake HOA and return to the council with a proposed agreement and any legislative items required for formal approval. Staff will proceed with removal of the three right-of-way trees on Lucy Webb Road that staff and council described as posing an immediate safety risk.