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Residents press city after contractor work is tied to tree damage and property loss; council asks for insurance follow-up

5508270 · July 29, 2025
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Summary

Multiple speakers urged the City Council to act after a contractor’s work was linked to a tree falling on a duplex owned by Kim Upton. The council said contractors told staff they would file insurance claims but had not attended the meeting; council discussed holding retainage on a related payment while insurance matters are resolved.

Several Nevada residents told the City Council they want the city to help resolve claims after a contractor’s work was linked to a tree collapse on a duplex owned by local property owner Kim Upton. Speakers said the tree’s roots were cut during a city project and that the property sustained damage when the tree later fell in a windstorm.

Why it matters: Residents argued the city and its contractor share responsibility when municipal projects harm private property. They urged prompt action so repairs and reimbursements do not languish.

Residents and neighbors spoke in support of Upton. “I’m here to support Kim Upton in trying to get reimbursed on his issue,” Chad Johnson said. Others recounted past similar cases and urged the council not to let the matter “linger.”

City staff said the contractor planned to submit the claim to its insurer and that the contractor had told staff it would attend the meeting; staff reported tonight that the contractor did not attend. Council discussion referenced earlier instances where similar claims were handled and said staff should press the contractor to submit incident reports and insurance claims.

Council members discussed leverage. During the consent and pay request item for retainage on an asphalt contract related to the south Upton building, one councilmember raised holding back retainage until the tree-damage dispute is resolved. A staff member confirmed the contractor told staff it would turn the claim in to insurance, and city staff said they would follow up with the contractor’s insurer.

Ending: Council did not make a formal decision to pay or deny reimbursement at the meeting; staff said they will follow up with the contractor’s insurer and report back. Residents asked the council to act as advocates for property owners in ongoing discussions with contractors and insurers.