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REQUEST FOR COUNCIL ACTION <br />Department Approval: Manager Reviewed: <br />�� �f - — <br />DATE: 3/8/04 <br />ITEM NO: 6. <br />Agenda Section: <br />Item Description: Initial Action regarding a Class Action Settlement Agreement <br />with regard to the Phenolic Foam Insulation that is installed <br />in the roof system at the Roseville Ice Arena <br />BACKGROUND <br />In February 2002 the City of Roseville was notified that a class action lawsuit was <br />settled in Massachusetts and that the City may be entitled to compensation <br />under the Class Action Settlement Agreement with regard to the phenolic foam <br />roof insulation that was installed in the roof system at the Roseville Ice Arena. <br />The classes of plaintiffs are owners of buildings with Beazer Phenolic Foam <br />Insulation, and the claim was that the foam product released chemicals over time <br />that corrodes metal roof materials. <br />In April of 2002 the City Council designated PhenCon Incorporated as claims <br />administrator for the City in this matter and authorized PhenCon to pursue <br />inspection, repair and/or replacement of the Ice Arena Roof consistent with the <br />class action settlement terms. <br />Between February and July of 2003 the roof was inspected and for settlement <br />purposes, PhenCon, on behalf of the City, requested and received bids for the <br />roof replacement and remediation. <br />In October of 2003 the City received a settlement offer. Staff requested that the <br />City Attorney's office review and summarize the City's option's with regard to it's <br />participation in the Class Action Settlement offer. Since the origination of the <br />lawsuit is in Massachusetts the City Attorney has determined that the settlement <br />offer does r�at meet Minnesota bid laws and subsequently has recommended <br />advertisins for bids. Attached are their review and proposed options dated <br />December 9t , 2003 as well as their recommendation to undertake the public <br />bidding process in their letter dated February 13, 2004. <br />Staff, with the City Attorneys office, has been further researching options, <br />processes, timing, and expertise levels. For the City to move forward, the next <br />