UNIVERSITY OF MINNESOTA BOARD OF REGENTS …regents.umn.edu/sites/regents.umn.edu/files/docket/BOR_docket_9.pdfKaren Ellis, Karen Lovro, Susan Rose, Nancy Fulton, Susan Cable, Frank

UNIVERSITY OF MINNESOTA

BOARD OF REGENTS

Wednesday, July 9, 2008

2:45 - 4:00 p.m.

600 McNamara Alumni Center, Boardroom

Board Members Patricia Simmons, Chair Clyde Allen, Vice Chair Anthony Baraga Dallas Bohnsack Maureen Cisneros Linda Cohen John Frobenius Venora Hung Steven Hunter Dean Johnson David Larson David Metzen

AGENDA 1. Recognitions - R. Bruininks/C. Carrier (pp. 3-4)

A. Civil Service Committee Chair

B. Council of Academic Professionals & Administrators Chair

2. Approval of Minutes - Action - P. Simmons

3. Report of the President - R. Bruininks

4. Report of the Chair - P. Simmons

5. Receive and File Reports (pp. 5-19)

A. Civil Service Committee Report

B. Council of Academic Professionals & Administrators Report

6. Gifts - Review/Action - G. Fischer (pp. 20-27)

7. Board of Regents Policy: Reservation and Delegation of Authority - Action - P. Simmons

(pp. 28-35)

8. Biomedical Facilities: Implementation Program - F. Cerra/K. O’Brien/R. Pfutzenreuter

(pp. 36-37)

9. Central Corridor Light Rail Transit Memorandum of Understanding - Review/Action -

R. Bruininks/K. O’Brien (pp. 38-56)

10. Legislative Report: State & Federal - R. Bruininks/D. Peterson/C. Riggs (p. 57)

11. Report of the Facilities Committee - D. Metzen

12. Report of the Audit Committee - L. Cohen

13. Report of the Faculty, Staff & Student Affairs Committee - J. Frobenius

14. Report of the Finance & Operations Committee - S. Hunter

15. Report of the Educational Planning & Policy Committee - D. Larson

16. Report of the Litigation Review Committee - A. Baraga

17. Old Business

18. New Business

19. Adjournment


BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Recognitions: Civil Service Committee Chair

review review/action action discussion Presenters: President Robert Bruininks Vice President Carol Carrier

Purpose: To recognize the chair of the Civil Service Committee before the Board of Regents and the University community. Outline of Key Points/Policy Issues:

Background Information:

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BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Recognitions: Council of Academic Professionals and Administrators Chair

review review/action action discussion Presenters: President Robert Bruininks Vice President Carol Carrier

Purpose: To recognize the chair of the Council of Academic Professionals and Administrators before the Board of Regents and the University community. Outline of Key Points/Policy Issues:

Background Information:

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BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Receive and File Reports

review review/action action discussion Presenters: Regent Patricia Simmons

Purpose:

policy background/context oversight strategic positioning

Outline of Key Points/Policy Issues: Background Information: There are two items for receipt and filing:

A. Civil Service Committee Report B. Council of Academic Professionals & Administrators Chair

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Civil Service Committee [email protected]

[email protected] http://www.umn.edu/csc

Civil Service Committee Year-End Report 2007-08

Chair Simmons and Members of the Board of Regents President Bruininks Vice President of Human Resources Carol Carrier Senate Office The 2007-08 Civil Service Committee members were Peg Wolff, Susann Jackson, Lori Nicol, Gary Wilhite, Karen Ellis, Karen Lovro, Susan Rose, Nancy Fulton, Susan Cable, Frank Strahan, Alex Jokela, Gary French, Patrick Davern, Roxy McCann and Cathy Marquardt with alternates Rebecca Hintz and Dan Farrar. Senate Office staff support was provided by Sara Balick. The Civil Service Committee (CSC) started the business year with an all-day retreat in July 2007 at the Pomeroy Center on the St. Paul campus. The 17–member committee represents the needs of about 4800 employees University-wide. The committee’s work is divided into eight subcommittees. Highlights for 2007-2008, as identified by the sub-committee chairs, include: Advocacy Sub-committee

• Provided informal advocacy resources to support Civil Service staff with work-related issues Rules

• Revised Civil Service Rules were approved by Board of Regents, May 8, 2008

Benefits • Established health care savings plan (HCSP) for civil service staff • Representation on Senate Retirement Subcommittee and Benefits Advisory Committee

Compensation and Classification • Representation on the classification and compensation study task force "Retaining and Attracting

Employees: The Future of U of M Employees" • Civil service pay plan • Reviewed new and changed job classifications and merit pay plans

Professional Development

• Distributed over $3,000 in professional development funds to 20 civil service staff Senate Delegations

• Recruited 37 civil service staff to serve on all-University Senate boards and committees, providing a voice for civil service constituents across the U

• Added a civil service staff member to the Senate Library Committee

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Communications • Edited monthly e-InTouch newsletter

Legislative

• Represented civil service staff on Legislative Network committee This year our monthly meeting guests included President Bruininks and Vice President for Human Resources Carol Carrier who each visited twice. Their visits are part of our continuing effort to get informed and be involved in University-wide issues of importance to civil service staff. We held our October meeting at the LaFave House on the Morris campus and were greeted by Chancellor Jacqueline Johnson. Lowell Rasmussen, Director of Physical Plant at Morris, provided a short presentation on new technologies and how the wind turbine works and then took us on a campus tour. Throughout the year we had requests to make presentations to the CSC and invited other people to our meetings. Bob Baker, Parking and Transportations Services, gave an update on parking and transportation after the I-35W bridge collapse and discussed the Central Corridor plans. Fred Owusu, HR Director for the AHC, discussed the proposed online performance management for AHC staff. Murray Harber, Wellness Coordinator, updated the CSC on the new wellness incentives for 2008. Donna Peterson, University Relations, discussed the 2008 Capital Request and Michele Gross, Policy Office, discussed the new system of updating administrative policies. The Civil Service Compensation and Classification Taskforce members presented a summary of the recommendations prior to the release of the report. Heather Powell showed us the new U Card technologies being implemented before fall semester. Mike Volna updated the CSC on the EFS project and implementation. Ann Freeman solicited input from the CSC on the proposed new internal communications strategies. This year the CSC explored the possibility of establishing a healthcare savings plan (HCSP) for civil service employees. It began last summer when the Civil Service Benefits and Compensation sub-committee began considering HCSP options. In November 2007, the CSC sent an e-mail to all civil service staff, announcing three forums at which the issues and proposal were presented. The forums were held in December throughout campus and one was recorded via UM Connect and was posted on the civil service Web site for on-demand viewing, along with a frequently-asked-questions (FAQ) document. In addition to the information provided, the CSC mailed a card to all civil service staff, which detailed the online information available, provided an e-mail address to give feedback, and also announced a link that provided the staff member an opportunity to take a short survey on the concept. An opportunity for feedback was provided. At the March committee meeting during which many civil service staff spoke on both sides of the issue, the CSC voted to approve the HCSP and requested that the Office of Human Resources implement the plan. The date of implementation is August 1, 2008. This tax-free benefit is a creative avenue to fund healthcare costs. The CSC worked closely with the Office of Human Resources on a variety of projects and appreciates the cooperative and productive nature of our interactions. Thanks to Jackie Singer, Patti Dion, Mary Luther, Nancy Lamers and Susan Rafferty.

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Sub-committee reports: Advocacy Co-chairs Rebecca Hintz and Susann Jackson The purpose of this subcommittee is to establish a resource for supporting civil service staff with work related issues. The Advocacy co-chairs act as informal advocates, supporting civil service staff either individually or as a group, seeking ancillary resources as needed. Issues addressed by the Civil Service Advocacy Sub-Committee this past year included:

• CSC Rules compliance • Grievance issues and referrals to the Office of Conflict Resolution • Job Evaluation Questionnaire (JEQ) issues and results • Performance issues • Reassignment of job responsibilities

Communication & Public Relations Co-chairs Alex Jokela and Frank Strahan In addition to updating the CSC Web site, especially important during our HCSP communications effort, the monthly electronic newsletter, e-InTouch, was the basis of our communications to civil service staff. Compensation, Classification, and Benefits Co-chairs Nancy Fulton and Susan Rose Health Care Savings Plan (HCSP): After extended research and communication with civil service employees, the subcommittee recommended to the Office of Human Resources an additional benefit to civil service employees for a post retirement Health Care Savings Plan (HCSP). The Office of Human Resources has implemented the plan with the plan generating cost savings for the university. Classification and Compensation Task Force: Three subcommittee members represented civil service employees on a Human Resources task force addressing classification and compensation issues resulting in a joint P & A and Civil Service report to Vice President Carol Carrier titled ”Retaining and Attracting Talent: The Future of U of M Employees”. Merit Plan and Pay Plan: Changes were made to the start dates and wording for merit pay plans to clarify the timing for document submission and approval by Office of Human Resources prior to merit pay plan implementation. Some wording changes were made to the pay plan to improve clarity. Performance Management: The subcommittee reviewed and agreed with Facilities Managements’ need for a delay in the implementation of their performance management plan due to the roll out of the organization structure. Facilities Management Transformation: The subcommittee reviewed new classification specifications for Facilities Management. Benefits: One of the subcommittee co-chairs attended the Benefits Advisory Committee meetings and monitored the health case and dental benefits and the life and disability insurance of civil service employees.

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This subcommittee co-chair is a member of the Senate Retirement Committee and represented civil service employees in the voluntary retirement plans. Legislative Coordinator Patrick Davern This year the Legislative Subcommittee chair represented the civil service staff on the reporting of activities through the University of Minnesota, the Minnesota State Legislature, the Legislative Network Grassroots Committee, and other political activities within and outside the system. We reviewed the processes on how to advocate for the University through the people, alumni and friends of the University system. This year posed many challenges relating to the budgets and light rail system that will affect civil service staff for the next few years and beyond. Participation increases knowledge and understanding of the issues for civil service staff and empowers them to mobilize to help promote civil service staff along with the University. Professional Development Coordinators Roxy McCann and Dan Farrar The professional development sub-committee received 38 applications for professional development funds and the CSC voted to award $3,264 to 21 staff members from 20 departments. Rules Chair Lori Nicol The sub-committee worked to finalize the revisions of the Rules changes that were proposed and discussed over the past three years with OHR. This work was done each month by the sub-committee until the Public Hearings of the Rules were conducted in April 2008 on the Minneapolis campus with ITV connections at Duluth, Crookston, Morris and Grand Rapids. After the final changes were made, the revised Rules were approved by Civil Service Committee meeting in April. The OHR submitted the revised Rules for approval by the BOR on May 8, 2008. They are available on the CSC website at http://www1.umn.edu/csc/ . Senate and Delegation Vacancies Coordinator Karen Ellis The Senate and Delegations Subcommittee coordinates civil service representation on University committees, including maintaining a list of membership; advertising and recruiting for open seats; collecting applications and distributing them to the CSC for action at monthly meetings; recommending appointments; corresponding with applicants, members, committee chairs, and the Senate Office; and asking members to give reports to the CSC. The applicant/appointment process is ongoing throughout the year, as positions become open. Civil service staff continue to be active participants in University governance and representing their constituents through their membership on Senate Subcommittees and Boards. In 2007-08, thirty-seven Civil Service staff served on committees. This year, the Senate voted to add a civil service seat to the Library Committee; that representative will begin serving in September 2008. Vice Chair Susan Cable The vice chair participated in New Employee Orientation approximately once each month. The Civil Service Web site was used as the basis of the orientation to familiarize new staff with this resource.

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Other: Staff Day was held on June 4, 2008. The CSC provided financial, planning and staffing support. I would like to thank all members of the Civil Service Committee for their hard work and dedication to serving civil service staff. You have truly made a difference in the work of the Civil Service Committee and the work life of civil service employees at the University of Minnesota. The incoming chair is Susan Cable, Office of Human Resources, and the new vice chair is Karen Lovro, Recreational Sports. Both are experienced members of the committee and long-term University employees. There is no doubt that the CSC will flourish under their leadership. Thank you to the Board of Regents and President Bruininks for your continued support of the Civil Service Committee. Respectfully submitted, Cathy Marquardt Chair, Civil Service Committee

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CouncilofAcademicandProfessionalAdministrators

2007‐08ANNUALREPORT

CAPA’sMission

ToensurethehighestqualityofworklifeforP&AemployeesattheUniversityofMinnesota

throughadvocacyandproactiveengagementwithUniversityinitiativesandgovernanceinordertofurthertheUniversity’smissionofteaching,research,andservice.

TheCouncilofAcademicandProfessionalAdministrators(CAPA)istheUniversityofMinnesotagovernancebodythatrepresentsandadvocatesonbehalfofacademicprofessionalandadministrativestaff.InterestingFactsaboutCAPA

• CAPAincludeselectedrepresentativesandalternatesfromalmosteverycollegiateandadministrativeunitattheUniversity,includingextensionandcoordinatecampuses.

• CAPAconsistsof5standingcommittees:ExecutiveCommittee,Benefitsand

Compensation,RepresentationandGovernance,Communications,andProfessionalDevelopmentandRecognition.

• CAPAelects25senatorstotheUniversitySenate,includingtheCAPAchairandvice

chairwhoalsoserveontheSenateConsultativeCommitteeandtheBusinessandRulesCommittee.

• CAPAappointsorrecommendsrepresentativestoanumberofUniversitycommittees,

initiatives,andformalprocesses.ExamplesincludetheBenefitsAdvisoryCouncilandtheOfficeofConflictResolutiongrievancepanelandhearingofficerrosters.

• CAPAisactivelyinvolvedinandappointsarepresentativetotheCommitteeon

InstitutionalCooperation–AcademicStaffProfessionalCouncil(CIC‐ASPC),anassociationofprofessionalstaffcouncilsatCICinstitutions.

• CAPAExecutiveCommitteemembersmeettwiceyearlywithPresidentBruininksand

VicePresidentCarolCarriertohaveactiveconversationsaboutissuesfacingP&Aemployees.

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InterestingFactsabouttheP&AEmployeeClass

• TheAcademicProfessionalsandAdministrators(P&A)classcurrentlyincludesover5,200employees.

• P&Aemployeesworkinover130diversejobcategories.

• P&Ajobresponsibilitiessuchthingsasteachingstudents,conductingresearch,writing

andcoordinatingresearchgrants,overseeingandmanagingdepartments,advisingandrecruitingstudents,directingofficesandunits,providinglegalservices,managingfinances,coachingsports,counselingindividuals,developinginitiatives,analyzingsystems,ensuringcompliance,promotinggiftsandendowments,andreachingouttocitizensinMinnesota’s87counties.

CAPAsWorkThefollowingincludesomeofthemanywaysinwhichCAPAworksonbehalfoftheUniversityanditsP&Aemployees:

• AnalyzeandassistinthedevelopmentofUniversitypolicies,andinparticular,thosethatdirectlyaffectP&Aemployees.

• CommunicateregularlywithUniversityadministratorsandleadersoffaculty,civil

servicestaff,andstudentgovernancebodiesandcommitteesandworktogethertoidentifyandaddresssharedconcernsandcommongoals.

• EnsureP&AperspectivesandconcernsareconsideredatalllevelsofUniversity

decision‐making.

• InformP&Aemployeesofrelevantdecisions,opportunities,issues,andconcerns.

• EnsureappropriateP&ArepresentationonCAPA,CAPAcommittees,theUniversitySenate,andothercriticalUniversitygovernancebodies,committees,andinitiatives.

CAPAEXECUTIVECOMMITTEEPurposeThepurposeoftheCAPAExecutiveCommittee(Exec)istoworkonbehalfofUniversityP&AstaffbyprovidingleadershiptoCAPA.

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TheExecutiveCommitteeiscomposedoftheChair,ViceChair,andtheChairsofeachofthefourstandingcommittees.The2007‐08committeesandchairsincludethefollowing:

CAPAChairPamStenhjem,InstituteonCommunityIntegration,CollegeofEducationandHumanDevelopmentCAPAVice‐chairMaryLaeger‐Hagemeister,UniversityofMinnesotaExtensionServices,AlbertLea

BenefitsandCompensationChairBillRoberts,UniversityofMinnesotaFleetServicesRepresentationandGovernanceChairDavidBernstein,DepartmentofTheatre,Arts,andDanceProfessionalDevelopmentandRecognitionChairAmberFox,StudentServices,UniversityofMinnesotaLawSchoolCommunicationsChairJohnBorchert,IntercollegiateAthletics

2006‐07AccomplishmentsAnumberofexecutivecommitteememberswerenewduringthe2007‐08academicyear.Significanttimewasspentcreatingacohesive,collaborativeworkandmeetingstyletoeffectivelyaccomplishourgoals.Accomplishmentsincludethefollowing:

• DevelopedandimplementedaCAPAretreatinAugust2007toprovidetrainingtorepresentatives,alternates,andsenatorsregardingCAPAsroleandtoplanforthecomingyear.

• CreatedamissionstatementtoguideCAPAsworkandgoals.

• Developedaformalizedspendingauthorizationprocedureandspendingrequestform

forCAPA’sbudget.

• ManagedtheCAPAbudget;successfullybroughtendbalancebackintoblackfromanoveragetheyearbefore.

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• DevelopedapresenterformtoensurethosewantingtimeatCAPAmeetingshaverelevantinformationtosharethatiscriticaltoouremployeeclass.

• DevelopedaCAPAWikitoprovideacentrallylocatedandaccessiblestoragesiteforall

CAPAdocuments,includingmeetingagendasandminutes,governancedocuments,etc.

• RefocusedandredefinedCAPA’sroleasthatofagovernancebody,withanadvocacyrolewhenrequiredinordertoimproveworklifequalityforP&Aemployees.

• GeneratedallCAPAmeetingagendasandoversawallCAPAcommitteework.

• EstablishedaworkingrelationshipwiththeUniversityofMinnesotaRetireeAssociation

thatincludesaregularUMRAliaisonthatattendsallCAPAmeetings.

• EstablishedaworkingrelationshipwiththeOfficeforUniversityWomentobegindevelopmentofaP&AWomen’sCouncilaswellasaUniversity‐wideoutstandingwomanaward.

• GeneratedadiscussionwiththelargeCAPAgroupregardingthelackofdiversityinour

representativesandhowtobecomemoreproactiveinourrecruitmentofnewrepresentatives;thisconversationisongoingandwillbethefocusofoneofoursessionsattheAugustretreat.

• ConvenedacopyrightsubcommitteetoreviewandprovidecommentontheCopyright

OwnershipandUsepolicybeforefinalization.

• Developedafinalreportwithfindingsfromthespring2007WebsurveyofP&AemployeestoreviewjobresponsibilitiesandcontributionstotheUniversity;reportfindingswerepresentedtoanddiscussedwithPresidentBruininksandVicePresidentCarolCarrier.

• EstablishedongoingconversationswithVicePresidentCarolCarriertodiscusstheissue

ofUniversitywidesystemofrecognitionandrewardforP&Aemployees.

• EstablishedongoingconversationswithOHRtoprovideinputandfeedbackregardingthenewclassificationandcompensationsystembeingdeveloped.

• DraftedtwoproposalstosubmittotheUniversityAdministration:1)GovernanceandleadershipinvolvementbyP&Aemployees;and2)DevelopmentofaP&AAffairsOfficeattheUniversity.Bothproposalsarecurrentlyindraftformandwillbefinalizedoverthe2008summersession.

• ConductedoutreachtoP&AemployeesregardingtheHealthCareSavingsPlanbenefit.

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CAPABENEFITSandCOMPENSATIONCOMMITTEEPurposeThepurposeoftheCAPABenefitsandCompensation(B&C)CommitteeistoconsiderissuesandadvocateforimprovedpoliciesrelatedtothebenefitsandcompensationofUniversityP&Astaff.2007‐08Accomplishments

• AdvocatedforanincreaseofvacationdaysforP&Aemployeesfrom22daysto24daystoreflectthetwelvemonthcalendar;thiswasrejectedbythePolicyPlanningCommittee(PPC).

• Advocatedforeliminationofthesixmonthwaitingperiodtobeginusingvacation;this

wasagreedtobythePPC.

• ImplementedregularmeetingswithOHRpersonneltostudyP&Asalarydata,salaryincreasesovera4yearperiod,andcomparisontootheremployeegroupstoensureequityinpayandincreases.

• IdentifiedinequalityinthenumberofpersonalholidaysbetweencoordinateandTwinCitiescampuses;theissuewasbroughttotheattentionofOHRandP&AemployeesontheTwinCitiescampusreceivedanadditionalpersonalholidayinwinterof08;P&Aemployeeswillreceivethisholidayagainnextyear.

• InvolvedwiththeOHRClassificationandCompensationworkgrouponaregularbasis;

receivedandprovidedfeedbackonthefinalrecommendations.

• Advocatedforandreceivedanewbenefitthatprovidesreimbursementforhealthclubmembershipfees.

• CommentedonandadvocatedfornewanewMedical(sick)leavepolicythatensures

leaveforfamilymembers,otherthanchildren.

• Developedprioritiesforthe2008‐09academicyeartoincludeeliminationoftheretirementwaitingperiodforP&A’s,tuitionreimbursementforemployees,andensuringthattheadditionalpermanentpersonalholidayforTwinCityemployeescanbeusedatanytime,ratherthanonaspecifieddate.

CAPACOMMUNICATIONSCOMMITTEE

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PurposeThepurposeoftheCAPACommunicationsCommittee(Communications)istoenhancetheimageoftheUniversity’sP&AstaffbypublicizingtheworkofCAPAandtheachievementsofP&Astafftoallstakeholders.2007‐08Accomplishments

• MaintainedtheCAPAWebsitethroughouttheyear.

• PublishedthemonthlyCAPANews.

• CoordinatedtheassignmentandpreparationofanyCAPAarticlesthatwerepublishedintheUMBrief.

• ManagedtheCAPAinformationsegmentandpresentationsattheUniversity'sNewEmployeeOrientations.CAPAwasrepresentedateverynewemployeeorientationontheTwinCitiescampus.CommunicationsrepresentativescollectedinterestformsfromnewP&AemployeesanddistributedthesetotheCAPArepresentativesfromtheappropriateunit.CAPArepresentativescontactedtheirnewconstituentsregardinghowtogetinvolvedinCAPAandrelatedactivities.

CAPAPROFESSIONALDEVELOPMENTandRECOGNITIONCOMMITTEEPurposeThepurposeoftheCAPAProfessionalDevelopmentandRecognition(PD&R)Committeeistoidentifynewandpromoteexistingdevelopmentactivities,aswellastorecognizethecontributionsofP&AstaffandunitsthatdemonstrateexemplarypracticeswithregardtoP&Astaff.2007‐08Accomplishments

• ConductedanalysisofthepercentageofP&Aemployeesoneachcampus,includingExtension,todeterminefundingforcoordinatecampusP&Acelebrations;fundsweredistributedaccordingly.

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• PlannedtransformationoftheannualspringeventontheTwinCitiescampusfromacelebrationofP&Asintoaprofessionaldevelopmentsymposiumfocusedongovernance,leadership,anddiversity.

• ReformedtheUniversity‐widesymposiumtobemoreefficientandcost‐effective;

includedhostingtheeventattheLawSchoolatnocharge,eliminatingacostlylunch,andutilizingUniversitypersonnelforspeakers;eventwaspostponedduetotimeconstraintsandworkloadofcommitteemembers.ThisdecisionsavedseveralthousanddollarsintheCAPAbudgetandinlargepart,helpedCAPAtobalancethebudgetbytheendoftheyear.

• Utilizationofsymposiumspeakers/sessionsforthesummerCAPAretreat;speakershavereadilyagreedtopresentattheretreatanditwillbeatest‐runforthesymposiumsessionsforthelargerP&Abody.

• IncreasedpromotionoftheOutstandingUnitAwardprocessresultingin17

nominations,as comparedlessthanfivereceivedinpastyears;anemailsenttotheDeans/DirectorsP&Alistsmayhaveresultedinincreasedinterest.Manynominationswereoutstanding.

• ReviewedOutstandingUnitAwardnominations;nominationsweresplitinhalfwithtwo

committeemembersreviewingeachhalf,whilethreecommitteemembersreviewedall,resultinginfivescoresforeachnomination.Resultswereveryclose,withafinalawardbeinggiventotheDepartmentofSpeech‐Language‐HearingSciences.

• Composedandsentemailnoticestoallnomineesthankingthemfortheirparticipation.ThetopthreenomineeswerecontactedforpermissiontoposttheirnominationformspubliclyontheCAPAWebsitetoprovideinspirationtootherunits.

• Creationandimplementationofasmallcelebrationforthewinningunitwillbeplanned

inthesummerorfallof2008,andwillideallyincludetheunit’sdean.Aplaque/certificatewillbeprovidedalongwitha$1,000cashawardtobeusedforprofessionaldevelopment.UniversityRelationswillalsobecontactedtobepresentforphotosandstoryinterest.OtherpublicitywillincludeaBriefarticleandletterswillbesenttothedeansofallnominatedunitsthankingthemfortheirinterestandexpressingsupportforP&Arecognition.

• Createdandimplementedasurveyonprofessionaldevelopmentneedsand

expectationsforallP&Aemployees.Resultswerespottyandvarieddrastically.PD&Rplanstocontinueassessmenteffortsinfall2008togathermorefeedbackonprofessionaldevelopmentneedsandrecognitionideas.

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• InitiatedadiscussiononlackofvisiblediversityinpotentialeventspeakersandbroughtthediversitydiscussiontothelargerCAPAgroup.ThisdiscussionwillcontinueattheCAPAretreatandCAPAwilltakeinitiativetoimplementstepstoincreasediversityfromabroadcontextwithinCAPA.

CAPAREPRESENTATIONandGOVERNANCECOMMITTEEPurposeThepurposeoftheCAPARepresentationandGovernance(R&G)CommitteeistoassistCAPAmemberswithgovernanceactivitieswithinCAPAandtopromoterepresentationofP&AstaffwithinUniversitygovernance.Specifically,R&GorganizesandoverseesCAPAOfficerandSenatorelections,reviewsandmaintainstheCAPAConstitutionandBylaws,assistsunitstostartandmaintainunit‐levelP&Agroups,andassistsunitswithunit‐levelelectionsforCAPArepresentation.2007‐08Accomplishments

• UpdatedtheConstitutionandBylawstoclarifyvotingissuesandeligibilitytoserveintheUniversitySenate.UniquesituationscannowberesolvedbytheRepresentationandGovernanceCommitteeinsteadofrequiringnewbylaws.

• DevelopedandmadeadditionstothenewPolicyandProceduresManual.These

includeanofficernominationform,aguidetoconductingunitelections,detailsonhowtocontactconstituents,andastandardprocedureforcountingconstituentsineachunit.

• Implementednewstepstohelpindividualunitsorganizethemselves.Apollwastakentodeterminewhichunitshaveaninterestinorganizing.Effortswillbetakennextyeartohelpthesegroupscreatethoseorganizations.

• Organizedandheldanelectiontofillofficerandsenatorseatsfor2007‐08.ChairPamStenhjemwaselectedtoasecondterm.TheCommunicationscommitteewentfromonechairpersontoaco‐chairmodel.Senateseatswerefilledwithtermsadjustedsothatone‐thirdoftheseatswillbeupforelectioneachyear.

• Promotedelectionsinindividualunitstofillemptyorretiringseatsfornextyear.Nineunitshadheldthoseelectionsatthetimethisreportwasfiled,withanothersixonthevergeofholdingthoseelections.Fourunitshavebeenwithoutrepresentationandspecialeffortsareunderwaytofillthatvoid.

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• OrganizedandheldaforumonDecember4tofamiliarizeCAPAmemberswithSenatecommitteesinordertoexpandCAPA’snewparticipationintheUniversitySenate.VickieCourtney,staffcoordinator,listedthosecommittees,talkedabouttheirmembershipandfocus,andexplainedhowtoapplyformembership.MembersoftheCommitteeonCommitteestalkedaboutthevettingprocess.Thepresentationandhandoutsareavailableathttp://www.capa.umn.edu/senators/forum.php.

• CreatedanewmissionstatementtohelpCAPAfocusonitsroleinUniversitygovernance:

ToensurethehighestqualityofworklifeforP&AemployeesattheUniversityofMinnesotathroughadvocacyandproactiveengagementwithUniversityinitiativesandgovernanceinordertofurthertheUniversity'smissionofteaching,research,andservice.

ANNUALREPORTSUMMARYItisessentialtounderstandthecriticalcontributionsofP&AemployeestotheUniversityofMinnesotainregardtoitsgoalofbecomingoneofthetopthreepublicresearchuniversitiesinthecountry.P&Aemployeesofferawealthofknowledge,skills,abilities,andextensiveexpertisetotheUniversitycommunity,notonlythroughtheiremployment,butthroughtheirongoingleadershipandservice.P&AemployeesareexceptionallydedicatedandloyaltotheUniversityofMinnesota.Webelieveinthisinstitutionandallthatithastooffernotonlyus,butthestateofMinnesota,andnationalandinternationalcommunitiesaswell.ProfessionalandadministrativeemployeesarethebackboneoftheUniversity.Weprovidetheinfrastructurenecessaryforfacultytoachievetheirpotential,forstudentstoaccomplishtheirgoals,fortheUniversitytofulfillitslandgrantmission,andforMinnesotanstoreapthebenefitsoftheirinvestmentandsupport.Tosucceedatthehighestlevel,theUniversitymustpayequalattentiontoandinvestequalresourcesinrecruiting,retaining,supportingandvaluingallemployeesthatcontributetotheUniversityandaccomplishmentofitsmission.CAPAisproudandhonoredtobeacriticalpartoftheUniversityanditsmission,throughgovernance,advocacy,andservice.

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BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Gifts

review review/action action discussion Presenters: Foundation President Gerald Fischer

Purpose:

policy background/context oversight strategic positioning

Outline of Key Points/Policy Issues: Background Information: President's Recommendation for Action: The President recommends that the Summary Report of Gifts to the University of Minnesota through May 31, 2008 are hereby approved.

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MEETING OF THE BOARD OF REGENTSGIFTS TO BENEFIT THE UNIVERSITY OF MINNESOTA

SUMMARY REPORT*

July 9, 2008 Regents Meeting

May Year-to-Date07/01/07 07/01/06

2008 2007 05/31/08 05/31/07

U of M Gift Receiving 812,847$ 99,131$ 5,601,153$ 1,063,065$

4-H Foundation 72,426 160,423 2,154,596 2,072,083

Arboretum Foundation 420,016 1,060,360 3,039,572 4,954,118

MN Medical Foundation 1,849,067 4,768,122 114,690,453 56,656,531

University of MinnesotaFoundation 7,426,664 58,044,770 144,275,342 185,768,185

Total Gift Activity 10,581,020$ 64,132,806$ $269,761,116 250,513,982$

*Detail on gifts of $5,000 and over is attached.

Pledges are recorded when the commitment is made. To avoid double reporting, any receipts which are payments on pledges are excluded from the report amount.

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Gifts to benefit the University of Minnesota

Gifts received in May 2008

Donor Rec'd by Gift/Pledge Purpose of gift

$1 Million and OverJohn A. Scott UMF Gift Institute of TechnologyDr. Lowell W. Hellervik and Mary C. Shea Hellervik

UMF Pledge On Campus Stadium

Best Buy Company Incorporated UMF Pledge Carlson School of Management

$500,000 - $1,000,000Po Ting Ip Estate UMF Gift Carlson School of Management

$250,000 - $500,000George Medina UM Gift LibrariesAlfred Harrison MMF Gift Pediatrics

$100,000 - $250,0003M Company UMF/UM/M

MFGift Carlson School of Management, SPH

Environmental Health SciencesEleanor A. Pederson MMF Gift PediatricsJohn P. Borger UM Gift LibrariesCHS Foundation UMF Gift/Pledge On Campus Stadium, Scholarships,

University of Minnesota, CrookstonWells Fargo Bank NA UMF Pledge On Campus Stadium, ScholarshipsIBM Corporation UM Gift Academic and Distributed Computing

ServicesLila Bath Estate UMF Gift College of DesignCurtis L. Carlson Family Foundation MMF Pledge Surgery

Jerome H. Modell MMF Gift ScholarshipsJosephine G. Bachmann UMF Gift Law SchoolThe Minneapolis Foundation MMF Gift Masonic Cancer Center, University of

Minnesota$50,000 - $100,000American Foundation for Gender and Genital Medicine and Sciences

MMF Gift Family Medicine and Community Health

The McKnight Foundation UM Pledge Minnesota Landscape ArboretumHarriet W. Foster Estate UMF Gift ScholarshipsJohn William Perry MMF Gift Medical School UnrestrictedHelen S. Henton Trust UMF Gift UnrestrictedDeloitte Foundation UMF Pledge Carlson School of ManagementBoston Scientific Foundation Incorporated

MMF Gift Medicine

22

$50,000 - $100,000Hutchinson Technology Incorporated UMF Gift Institute of Technology, Carlson School of

ManagementPaula N. Culp Estate UMF Gift Raptor CenterRobertet Flavors Incorporated UMF Gift College of Food, Agricultural and Natural

Resource SciencesSecurian Foundation UMF Pledge University of Minnesota, DuluthSeagate Technology LLC UMF Gift Carlson School of ManagementExxonMobil Foundation UMF Gift/Pledge University of Minnesota, DuluthFrank and Carol Trestman Family Philanthropic Fund

UMF Gift Carlson School of Management

Jayne R. McLinden MMF Gift ScholarshipsMitsubishi Chemical Corporation UMF Gift Institute of TechnologyXtreme Consulting Group Incorporated

UMF Gift Institute of Technology

$25,000 - $50,000Mr. and Mrs. George W. Taylor Foundation

UMF Gift Institute of Technology

Cargill Incorporated UMF Gift/Pledge Various CollegesMonsanto Company UMF Gift College of Food, Agricultural and Natural

Resource SciencesFort Dodge Animal Health UMF Gift College of Veterinary MedicineJohn and Beatrice M. Palmer UM Gift Minnesota Landscape ArboretumCorning Incorporated UMF Gift Institute of TechnologyIntel Corporation UMF Gift Institute of TechnologyJohnson Matthey Incorporated UM Gift Institute of TechnologyCelladon Corporation MMF Gift Biochemistry, Molecular Biology and

BiophysicsOtto Bremer Foundation UM Gift 4H FoundationSt. Mary's/Duluth Clinic Health System

UMF Gift University of Minnesota, Duluth

Starkey Laboratories Incorporated UMF Gift College of Liberal ArtsClifford I. Anderson UMF Gift Institute of TechnologyMicro Control Company UMF/MMF Gift Institute of Technology, MedicineAmerican Legion and Auxiliary Heart Research Foundation

MMF Gift Pediatrics

Marguerite Henry Family Trust UMF Gift College of Education and Human Development

Center for Computer-Assisted Legal Instruction

UMF Gift Law School

Sara Morlock MMF Gift PediatricsB W B R Architects UMF Pledge College of DesignColeman Family Foundation Incorporated

UMF Gift On Campus Stadium

Gus and Ann Chafoulias Advised Fund-Rochester Area Foundation

UMF Gift University of Minnesota, Rochester

Helen H. Stevens UMF Gift College of Liberal ArtsL S I Corporation UMF Gift Institute of Technology

23

Foundation

$25,000 - $50,000Mary E. and Warren E. Ibele UMF Pledge College of Liberal ArtsOlga B. Hart Education Foundation UMF Gift Department of Intercollegiate Athletics

Roland Thom MMF Gift MedicineThe Sabes Family Foundation UMF Gift College of Liberal Arts

$10,000 - $25,000Ruth E. Hanold MMF Gift Masonic Cancer Center, University of

Minnesota, Scholarships, Ophthalmology

Ellerbe Becket Incorporated UMF Gift Center for Spirituality and HealingElizabeth M. Wendland MMF Gift Masonic Cancer Center, University of

MinnesotaSyngenta Crop Protection Incorporated

UMF Gift College of Food, Agricultural and Natural Resource Sciences

Alice I. Weidenfeller MMF Gift MedicineCropp Cooperative Incorporated/Organic Valley


Best Buy Purchasing LLC UMF Gift Carlson School of Management, Humphrey Institute of Public Affairs

St. Jude Medical Incorporated MMF Gift Medicine, PediatricsDr. Harrison G. and Kathryn W. Gough

UMF Gift College of Liberal Arts, College of Education and Human Development

EMD Serono Incorporated MMF Gift NeurologyNidus Laboratories Incorporated MMF Gift DermatologyAnonymous UMF Gift College of Liberal ArtsCharles A. Bonicatto MMF Gift MedicineAlvin E. McQuinn UM Gift Minnesota Landscape ArboretumMarney B. Brooks 2004 Charitable Lead/Sawmill Trust

UM Gift Minnesota Landscape Arboretum

Trouw Nutrition International UMF Gift College of Veterinary MedicineInternational Crane Foundation Incorporated


3M Foundation Incorporated UMF Pledge Various CollegesH. B. Fuller Company UMF Gift Institute of TechnologyMark E. Southerst UMF Pledge Law SchoolRoche Laboratories Incorporated MMF Gift Diabetes Institute for Immunology and

TransplantationThe Bergquist Company UMF Gift Institute of TechnologyFast Break Club UMF Gift Department of Intercollegiate AthleticsGeneral Mills Foundation UMF/UM Gift/Pledge Various CollegesRoy Freeman UM Gift LibrariesDAAD-German Academic Exchange Service

UMF Gift College of Liberal Arts

Ralph L. and Grace N. Strangis UMF Gift Graduate SchoolTerrance E. Swor UMF Gift University of Minnesota, DuluthTerrance K. Russell MMF Gift PediatricsMylan Radulovich UMF Gift University of Minnesota, DuluthThe Hubbard Broadcasting UMF Gift Carlson School of Management

24

Thomson Reuters UMF Gift Humphrey Institute of Public Affairs

Wallbridge Mining Company Ltd UMF Gift University of Minnesota, Duluth

$10,000 - $25,000General Mills Incorporated UMF Gift Various CollegesElisabeth C. Mason UMF Gift University of Minnesota, DuluthAmbassador Tom McDonald UMF Pledge On Campus StadiumAndrew David Sit Foundation MMF Gift PediatricsAnonymousBerwald Roofing Company

UMFUMF

GiftPledge

University of Minnesota, DuluthOn Campus Stadium

IncorporatedC. Charles Jackson Foundation UMF Gift Carlson School of ManagementCampbell Foundation UM Gift Minnesota Landscape ArboretumCrown Equipment Corporation UMF Gift College of Liberal ArtsDarrel J. Rosen MMF Gift ScholarshipsG. and K. Services Incorporated UMF Gift Carlson School of ManagementJill and Dan GustafsonL. David and Karen G. Lindberg

UMFUMF

GiftPledge

Department of Intercollegiate AthleticsDepartment of Intercollegiate Athletics, On Campus Stadium

Martin and Brown FoundationMinnesota Corn Growers

UMUM

GiftGift

Minnesota Landscape Arboretum4H Foundation

AssociationOswald Family Foundation UM Gift Minnesota Landscape ArboretumPatrick A. HopfPorter Creative Services

UMFUMF

GiftGift

Carlson School of ManagementCollege of Liberal Arts

IncorporatedPresidents Discretionary Fund- UMF Gift Humphrey Institute of Public AffairsMinneapolis FoundationRickeman/Murphy Family Fund of UM Gift Minnesota Landscape Arboretumthe Minneapolis FoundationSadie Vannier UMF Gift School of NursingSt. Jude Medical Foundation MMF Gift PediatricsThe Levine Foundation MMF Gift Otolaryngology

$5,000 - $10,000Dr. Leopold D. and Mrs Bella L. Yau UMF Gift Institute of Technology

Medtronic Incorporated MMF Gift MedicineDr. Lynn Y. LinMinnesota Agriculture In The

UMFUMF

GiftGift

College of Liberal ArtsCollege of Food, Agricultural and Natural

Classroom FoundationThe Schwab Fund for Charitable UMF Gift

Resource SciencesLaw School, Raptor Center, Department

Giving of Intercollegiate AthleticsBailey Nurseries Incorporated UM Gift Minnesota Landscape ArboretumYMCA Of The U S A UMF Gift LibrariesOmicron Kappa Upsilon UMF Gift School of DentistryUS Bank National Association UMF Gift College of Liberal ArtsInstitute for Aegean Prehistory UMF Gift University of Minnesota, DuluthPower Play ClubCarl and Eloise Pohlad Family

UMFUMF

GiftGift

Department of Intercollegiate AthleticsCarlson School of Management

FoundationNewmont USA LTD UMF Gift University of Minnesota, Duluth

25

Ellen M. Saul MMF Gift Pediatrics

$5,000 - $10,000Cal/West Seeds UMF Gift College of Food, Agricultural and Natural

Resource SciencesJet Capital Investors LPRobins Kaplan Miller and Ciresi LLP

UMFUMF/UM

GiftGift

University of Minnesota, Duluth4H Foundation, Humphrey Institute of

Charitable FoundationInternational Nutrition UMF Gift

Public AffairsCollege of Food, Agricultural and Natural Resource Sciences

Caroline Amplatz MMF Gift PediatricsChristina King MMF Gift PediatricsGeoffrey JohnsonStephen J. Dickinson and Catherine

MMFUMF

GiftGift

PediatricsCollege of Liberal Arts

B. GuisanHenry E. Fuldner UMF Gift College of Liberal ArtsCentocor Incorporated MMF Gift DermatologyEdward B. Martin MMF Gift PediatricsMichael B. and Peggy S. Gaard UMF Pledge On Campus StadiumWael Khouli MMF Gift PediatricsRobert W. Rosene UMF Gift Institute of TechnologyUPM Blandin Paper Company UMF Gift Institute of TechnologyIntel Foundation UMF Pledge Institute of TechnologyWilliam Henderson UMF Gift College of Liberal ArtsMartha M. Head UMF Gift Weisman Art MuseumJoanne J. Mullen MMF Gift PediatricsActelionAllen and Linda Saeks Family Fund-

MMFUMF

GiftGift

MedicineLaw School

Minneapolis FoundationAnonymous UMF Gift University of Minnesota, DuluthAnonymous UMF Gift College of DesignAnonymous MMF Gift MedicineBeverly J. and Thomas N. HarrenBlack River Asset Management, LLC

UMFMMF

PledgeGift

University of Minnesota, MorrisDiabetes Institute for Immunology and

Boehringer Ingelheim MMF GiftTransplantationNeurology

Pharmaceuticals IncorporatedCD Tile and Stone IncorporatedChalmers University of Technology

UMFUMF

PledgeGift

On Campus StadiumCollege of Food, Agricultural and Natural Resource Sciences

Chorzempa Family Foundation UM Gift Minnesota Landscape ArboretumCHS Incorporated UM Gift 4H FoundationClive O. CallenderCreative Carton Corporation

MMFMMF

GiftGift

SurgeryDiabetes Institute for Immunology and

CSM Corporation MMF GiftTransplantationDiabetes Institute for Immunology and

Dale L. and Ruth G. Bachman Fund- UM GiftTransplantationMinnesota Landscape Arboretum

Minneapolis FoundationDr. Francis C. GamelinDr. Lisa A. Norling and Prof. Steven

UMFUMF

GiftGift

College of Liberal ArtsCollege of Liberal Arts

RugglesDr. Steven E. Pratt UMF Gift College of Biological Sciences

26

Yale University UMF Gift Graduate School

$5,000 - $10,000Garrison E. Keillor UMF Gift College of Liberal ArtsGordon L. Alexander MMF Gift PediatricsGreenspring Media GroupIntegrated Archive Systems

UMFMMF

GiftGift

College of DesignMasonic Cancer Center, University of

Incorporated MinnesotaJeannine M. RivetJenzi C. and Greg M. Silverman

MMFUMF

GiftGift

PediatricsCollege of Education and Human Development, College of Liberal Arts

Jerry F. and Kay L. MartinMalt-O-Meal Company

UMFUMF

GiftGift

On Campus StadiumCollege of Food, Agricultural and Natural

Maude P. Dornfeld MMF GiftResource SciencesUniversity of Minnesota Medical School - Duluth Campus

Minnesota Medical FoundationMVM Foundation

MMFUMF/UM

GiftGift

PediatricsCollege of Veterinary Medicine, 4H Foundation

Norman J. BaerOppidan Incorporated

MMFMMF

GiftGift

PediatricsDiabetes Institute for Immunology and

Paul and Jeanne Ravich Family UMF GiftTransplantationLaw School

Fund-Minneapolis FoundationPaul G. and Barbara A. Bachman UM Gift Minnesota Landscape ArboretumFund-Minneapolis FoundationRichard and Lorraine Brasket Fund UMF Gift Institute of Technology

Robert and Sally Fritz UMF Gift On Campus StadiumRobert L. CalmensonRonald F. Beran

MMFMMF

GiftGift

PediatricsDiabetes Institute for Immunology and Transplantation

Sharon LabovitzSit Investment Associates

UMFMMF

GiftGift

Weisman Art MuseumPediatrics

IncorporatedSusan Brewster McCarthy and UMF Gift Weisman Art MuseumEdwin J. McCarthyTimothy DoveTodd and Barbara Bachman Fund-

MMFUM

GiftGift

PediatricsMinnesota Landscape Arboretum

Minneapolis FoundationUnited Therapeutics CorporationUniversal Hospital Services

MMFMMF

GiftGift

MedicineDiabetes Institute for Immunology and

Incorporated TransplantationVincent F. and Joyce C. DalagerWilliam Brighton and Andrea

UMFUMF

GiftPledge

University of Minnesota, MorrisLaw School

WolfmanWirestone Marketing MMF Gift Diabetes Institute for Immunology and

Transplantation

27


BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Board of Regents Policy: Reservation and Delegation of Authority

review review/action action discussion Presenters: Regent Patricia Simmons

Purpose:

policy background/context oversight strategic positioning To act on proposed amendments to Board of Regents Policy: Reservation and Delegation of Authority. Outline of Key Points/Policy Issues: Proposed amendments include the following:

• the addition of language clarifying the Board's reservation of authority regarding the designation, decommissioning, or demolition of historic resources;

• the addition of language clarifying the Board's reservation of authority to review individually negotiated employee severance agreements of unusual importance or significance;

• the elimination of language regarding the maintenance of a current registry of presidential delegations and revocations; and

• updated titles for positions reserved for appointment by the Board. Background Information: Board of Regents Policy: Reservation and Delegation of Authority was adopted on April 5, 2001 and last amended on December 10, 2004. The proposed amendments were reviewed on June 13, 2008.

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BOARD OF REGENTS POLICYUNIVERSITY OF MINNESOTA

Delegation of AuthorityRESERVATION AND DELEGATION OF AUTHORITYAdopted: April 5, 2001Amended: December 10, 2004Supersedes: (see end of policy)

DRAFT for action July 9, 2008

RESERVATION AND DELEGATION OF AUTHORITY

ARTICLE I

RESERVATION OF AUTHORITY

SECTION I. GENERAL RESERVATIONS OF AUTHORITY.

Subd. 1. The Board of Regents reserves to itself all authority necessary to carry out its legal and fiduciary responsibilities under the University Charter, the Constitution of the State of Minnesota, and the Board of Regents (Board) Bylaws. This reservation specifically includes all authority to enact laws and policies for the governance of the University of Minnesota (University) and to issue Board directives to executive officers and employees. The Board’s reserved authority shall be exercised consistent with the University Charter, the Constitution of the State of Minnesota, Board Bylaws, and relevant Board policies.

Subd. 2. The Board reserves to itself authority to ensure constitutional and institutional autonomy, to approve the University’s mission and vision, to set the overall direction of the institution, including the adoption of fundamental plans for the educational, financial, and physical development of the University, and to declare a fiscal emergency.

Subd. 3. No authority that the Board reserves to itself in this policy shall be exercised by any other person or body unless expressly authorized by Board policy or directive.

SECTION II. CONDUCT OF BOARD BUSINESS.

The Board reserves to itself authority to establish procedures for the conduct of its business, create committees, set its agenda, require reports from executive officers and employees, hear appeals, and enforce its code of ethics.

SECTION III. ELECTION OF BOARD OFFICERS.

The Board reserves to itself authority to elect and remove Board officers, including the president, chair, vice chair, secretary, and treasurer.

SECTION IV. APPOINTMENT AUTHORITY.

Subd. 1. The Board reserves to itself authority to appoint all individuals and approve any individually negotiated terms of employment for those who serve in each of the following positions:

Page 1 of 7

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DRAFT for action July 9, 2008Page 2 of 7

(a) Senior Vice President for Academic Affairs and Provost (b) Senior Vice President, Academic Health Center for Health Sciences (c) Senior Vice President, System Academic Administration(d) Chancellor (e) Vice President (f) Provost (g) General Counsel (h) Librarian (i) Director of Audits (j) Dean (k) Athletic Director, Twin Cities campus (l) Such other administrative positions as the Board may specify from time to time.

The president shall recommend individuals for appointment to these positions, consistent with Board policies and directives.

Subd. 2. The Board reserves to itself authority to remove University officers as provided in the University Charter. The president (a) may remove the general counsel with Board approval and (b) may remove any other individual appointed under subd. 1 of this section, except the director of audits.

Subd. 3. The Board reserves to itself authority to appoint members of the boards of University-associated foundations, institutes, committees, and other bodies, consistent with Board policies.

SECTION V. ACADEMIC MATTERS.

Subd. 1. The Board reserves to itself authority to grant academic degrees, grant faculty indefinite tenure, grant continuous appointments to academic professionals, and award the title faculty emeritus, consistent with Board policies.

Subd. 2. The Board reserves to itself authority to establish and abolish colleges, academic institutes, programs, and courses of study, consistent with Board policies.

Subd. 3. The Board reserves to itself authority to establish tuition and student fees and approve policies and reciprocity agreements related to such matters, consistent with Board policies.

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DRAFT for action July 9, 2008Page 3 of 7

Subd. 4. The Board reserves to itself authority to: (a) establish and review policies relating to the conduct of research and the receipt and accounting of sponsored research funds; (b) require timely reporting to the Board of sponsored research activity; and (c) approve financial support greater than $250,000 to non-University entities for the commercialization of technology, consistent with Board policies.

Subd. 5. The Board reserves to itself authority to approve educational policies and procedures, in consultation with the president and the faculty governance process, consistent with Board policies. This policy is not intended to alter the relationship between the Board, the University Senate, and the faculties regarding educational policies.

SECTION VI. AWARDS, HONORS, AND RECOGNITION.

The Board reserves to itself authority to establish and bestow awards, honors, and recognition, consistent with Board policies.

SECTION VII. BUDGETARY, FINANCIAL, AND INVESTMENT MATTERS.

Subd. 1. The Board reserves to itself authority to approve the following: annual operating budgets; the central reserves budget and minimum reserve level; and adjustments and amendments, consistent with Board policies.

Subd. 2. The Board reserves to itself authority to approve all requests for operating and capital budget appropriations from the State of Minnesota and positive or negative adjustments to the budget caused by a 1% or more change in total appropriations within a fiscal year.

Subd. 3. The Board reserves to itself authority to establish investment objectives,

approve asset allocation guidelines, hire investment advisers, and approve policies and plans for investment income distribution.

Subd. 4. The Board reserves to itself authority to authorize issuance and retirement of debt and to engage debt advisers and/or underwriters, consistent with Board policies.

Subd. 5. The Board reserves to itself authority to accept gifts for the benefit of the University, consistent with Board policies.

Subd. 6. The Board reserves to itself authority to approve individual purchases of goods and services having with a value greater than $250,000, consistent with Board policies.

31




SECTION VIII. PROPERTY, FACILITIES, AND CAPITAL BUDGETS.

Subd. 1. The Board reserves to itself authority to approve the purchase or sale of real property having with a value greater than $250,000 or larger than ten (10) acres, consistent with Board policies.

Subd. 2. The Board reserves to itself authority to approve leases of real property, easements, and other interests in real property if the initial term amount to be paid by or to the University exceeds $250,000, consistent with Board policies.

Subd. 3. The Board reserves to itself authority to exercise the power of eminent domain to acquire land for University purposes.

Subd. 4. The Board reserves to itself authority to exercise property owner rights regarding the designation, decommissioning, or demolition of historic resources, consistent with Board policies and applicable state and federal laws.

Subd. 45. The Board reserves to itself authority to approve campus master plans and amendments thereto.

Subd. 56. The Board reserves to itself authority to approve multi-year capital plans consisting of projects with a value greater than $1,000,000.

Subd. 67. The Board reserves to itself authority to approve annual capital budgets consisting of projects with a value greater than $500,000.

Subd. 78. The Board reserves to itself authority to approve capital budget amendments to approved projects and new projects when the amendment has a value greater than $500,000.

Subd. 89. The Board reserves to itself authority to approve project schematic plans for (a) interior renovations having with a value greater than $5,000,000; (b) projects with a value greater than $2,000,000 that have an exterior visual impact; (c) projects that vary from adopted campus master plans or that have a significant visual impact; and (d) projects noted during the annual review of the capital budget.

Subd. 910. The Board reserves to itself the authority for a subsequent review of approved capital budget projects with a value greater than $5,000,000 prior to the award of construction contracts.

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SECTION IX. LEGAL MATTERS.

The Board reserves to itself, or to one of its committees, authority to direct the president or the general counsel to settle any legal claim or initiate or appeal a lawsuit or administrative proceeding, consistent with Board policies.

SECTION X. AUDIT FUNCTION.

The Board reserves to itself authority to adopt policies regulating the audit function; approve selection of external auditors and the director of audits; and evaluate the performance of the independent auditor, and, jointly with the president, the performance of the internal audit function.

SECTION XI. EMPLOYMENT AND LABOR RELATIONS.

Subd. 1. The Board reserves to itself authority to approve all contracts and other agreements with the exclusive collective bargaining representatives of its employees.

Subd. 2. The Board reserves to itself authority to approve civil service rules and annual pay and benefit plans for University employees.

Subd. 3. The Board reserves to itself authority to establish or discontinue retirement plans for University faculty and staff. For those plans sponsored by the University and governed by formal plan documents, the Board reserves to itself the authority to approve amendments to those plans that significantly affect the cost structure of the plans. An amendment is considered to significantly affect the cost structure of the plan if the change causes a cost impact of more than $250,000.

Subd. 4. The Board reserves to itself authority to review individually negotiated employee severance agreements of unusual importance or significance.

SECTION XII. ASSOCIATED ORGANIZATIONS.

The Board reserves to itself authority to approve the legal structure and scope of any relationship between the University and any associated organization, non-profit corporation, foundation, institute, or similar entity that substantially relies upon University resources or personnel to carry out its mission.

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ARTICLE II

DELEGATION OF AUTHORITY

SECTION I. DELEGATION OF AUTHORITY TO THE PRESIDENT.

The Board delegates to the president the authority to act as chief executive officer of the University, with such general executive management and administrative authority over the University as is reasonable and necessary to carry out the policies and directives of the Board, subject to the limitations noted in Article II, Section II below.

SECTION II. LIMITATIONS UPON PRESIDENTIAL AUTHORITY.

The authority delegated to the president is limited by the following:

(a) The provisions of the University Charter and the Constitution of the State of Minnesota;

(b) The provisions of Board Bylaws;

(c) The provisions of Board policies and directives, including specifically Article I of this policy; and

(d) The directive that the president shall notify the Board of any matter not otherwise addressed in this section that significantly involves the authority and role of the Board, including its fiduciary, oversight, and public accountability responsibilities.

SECTION III. DELEGATION OF AUTHORITY BY THE PRESIDENT.

Subd. 1. Unless otherwise restricted by specific Board policies or directives, the president shall be responsible for delegating general executive management and administrative authority to other executive officers and employees as necessary and prudent, including authority to execute contracts and other legal documents. The president may condition, limit, or revoke any presidential authority so delegated.

Subd. 2. All delegations and revocations under this section shall be in writing, name the individual to whom such authority is delegated, describe the scope and limitations of such authority, and prescribe the extent to which such authority may be further sub-delegated.

Page 6 of 7

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Subd. 3. All delegations and revocations under this section shall be reviewed as to form, legality, and consistency by the general counsel, who shall maintain a current registry of such documents for public inspection.

Subd. 4. By the date of adoption of this policy Annually, the president shall report to the Board these delegations to the Board for its review. Thereafter, the president shall report significant changes to the delegations annually.

SECTION IV. DELEGATION OF AUTHORITY TO THE CHAIR AND VICE CHAIR.

The chair and vice chair of the Board shall have such authority as is authorized by Board Bylaws and policies and is customarily exercised by such officers of a corporation. The chair shall have authority to execute any and all instruments and documents on behalf of the Board.

SECTION V. DELEGATION OF AUTHORITY TO THE BOARD SECRETARY, TREASURER, GENERAL COUNSEL, AND DIRECTOR OF AUDITS.

The secretary, treasurer, general counsel, and director of audits shall have authority to perform such duties for the Board as provided by Board Bylaws, policies, and directives.

The secretary shall have authority to execute such instruments and documents that would customarily devolve upon a corporate officer and are usual to that office.

The secretary and the general counsel shall have authority to accept legal service on behalf of the University.

SECTION VI. CONFORMANCE WITH THIS POLICY.

Subd. 1. No executive officer or employee of the University shall have any authority to take any action or make any representation on behalf of the University beyond the scope of, or materially inconsistent with, the authority delegated to such executive officer or employee as provided in this policy.

Subd. 2. The secretary and the general counsel each shall have the duty to inform the Board of any existing or proposed Board policy or directive that is inconsistent with or alters the delegations of authority as provided in this policy.

SUPERSEDES: GENERAL DELEGATIONS ADOPTED OCTOBER 17, 1980, LAST AMENDED OCTOBER 10, 1997.

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BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Biomedical Facilities: Implementation Program

review review/action action discussion Presenters: Senior Vice President Frank Cerra

Vice President/CFO Richard Pfutzenreuter Vice President Kathleen O’Brien

Purpose:

policy background/context oversight strategic positioning The 2008 Minnesota Legislature enacted as part of the Omnibus Capital Appropriations bill legislation to “provide for a biomedical science research funding program to further the investment in biomedical science research facilities in Minnesota to benefit the state's economy, advance the biomedical technology industry, benefit human health, and facilitate research collaboration between the University of Minnesota and other private and public institutions in this state.” The Minnesota Biomedical Research Program will allow the University to bond for nearly $300 million — split 75/25 with the state in repayment — to finance four new research buildings in the East Gateway district of the Twin Cities campus. The first of these four buildings will be a major expansion of the Center for Magnetic Resonance Research (CMRR). CMRR is the world's leading imaging center. Under the leadership of Kamil Ugerbil and Mike Garwood, the University will add at least 10 new researchers and at least 40 new research staff in this building. The three subsequent buildings will focus on (1) cancer, (2) cardiovascular health, and (3) infectious disease and neuroscience. Buildings are expected to range in size between 90,000 and 120,000 square feet and cost between $70 million and $90 million each. Outline of Key Points/Policy Issues: This presentation will address policy issues related to the implementation of the Biomedical Facilities Program. The presentation will focus on:

1) Strategic Programmatic Priorities 2) Financial Requirements 3) Planning, Design and Construction Management

36

Background Information: The Board of Regents approved a resolution related to the Biomedical Sciences Research Facilities Authority in March 2006. The Board of Regents approved a resolution related to the Biomedical Sciences Research Facilities Authority as part of the 2007 Capital Request in November 2006. The Biomedical Research Facilities Program was included in the 2009 Six-Year Capital Improvements Plan approved by the Board of Regents in June 2008. The first building, the addition to the Center for Magnetic Resonance Research, was approved by the Board of Regents as part of the 2009 Annual Capital Improvements Budget.

37


BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Central Corridor Light Rail Transit Memorandum of Understanding

review review/action action discussion Presenters: President Robert H. Bruininks

Vice President Kathleen O'Brien Purpose:

policy background/context oversight strategic positioning To review and act upon the proposed memorandum of understanding between the University, Metropolitan Council, City of Minneapolis and Hennepin County regarding the development of the Central Corridor Light Rail Transit Line through the University of Minnesota Twin Cities Campus. Outline of Key Points/Policy Issues: The CCLRT project will shape the University of Minnesota and the University community for generations to come. The University is a transit-oriented community and an advocate for effective transportation systems and policies statewide:

• Two-thirds of University commuters use bus, carpool or walking options.

• Over the last 20 years, the University has successfully developed an integrated transportation system that serves all members of the University community.

• Today more than 20,000 students and 2,000 faculty and staff utilize University-subsidized mass transit programs.

• The University community alone is expected to generate almost 30 percent of the daily riders on the Central Corridor Light Rail Transit line.

A well-planned transit system will provide easy, economical access to the University for roughly 80,000 people who live on, work on, and visit the Twin Cities campus from across the metropolitan area and the state each day. The University and the neighborhoods and business community will benefit from a metropolitan transit system that connects Minneapolis and St. Paul and is reliable, affordable, convenient and safe. The University is committed to strengthening this transportation system. 38

The following principles have guided the University in its planning for the CCLRT:

• The optimal operation of the Central Corridor LRT line is vital to a strong, regional, multi-modal transportation system.

• Safety is fundamental to the success of the operation of the line.

• The Central Corridor should realize development opportunities while reducing impact to the urban environment.

• The functionality and aesthetics of the University campus must be enhanced. When the Metropolitan Council voted in February 2008, in support of a Washington Avenue at-grade alignment with a University of Minnesota transit mall, the University, in coordination with the Central Corridor Project Office, the cities of Minneapolis and St. Paul, and Hennepin and Ramsey Counties, pursued planning on two options: a feasibility study of the northern alignment and an analysis of the Washington Avenue at-grade alignment with a Pedestrian/Transit Mall and mitigations. At the June 12, 2008, Board of Regents Meeting, the Board received a detailed presentation of the results of the northern alignment feasibility analysis and the Washington Avenue at-grade alignment with pedestrian mall and mitigations. On June 13, the Board approved a resolution specifying that the University will pursue the Washington Avenue at-grade with a transit/pedestrian mall alternative, contingent upon the execution of all necessary agreements needed to achieve a mitigation plan, betterments, and all future mitigation measures and improvements. The resolution also supports a thorough, timely completion of a supplemental draft environmental impact statement, articulates the principles upon which mitigation measures will be evaluated, expresses the University's commitment to cooperation, and urges partners to remain open to the need to consider other options if the Washington Ave at-grade alternative ultimately prove not feasible. The final section of the resolution states that the memoranda of understanding and other agreements necessary to the completion of the CCLRT line for the University campus shall be subject to Board of Regents approval. The proposed memorandum of understanding to be reviewed and acted upon at this meeting is the first such agreement. This memorandum of understanding has been approved by the Hennepin County Board and Metropolitan Council and is scheduled to be acted upon by the City of Minneapolis the week of the Board meeting. Background Information: The University has reviewed and discussed transit options along Washington Avenue for many decades, more recent review and action by the Board of Regents includes the following: September 6, 1996 Board of Regents approved the Twin Cities Campus Master Plan. The Master Plan states that Washington Avenue should be changed to a pedestrian-oriented boulevard with a single lane of traffic in each direction and the two outside lanes being dedicated to a busway route with the potential to accommodate LRT in the future. April 5, 2001 Facilities Committee received information on the proposed Central Corridor LRT line between downtown Minneapolis and downtown St. Paul and approved a resolution that stated the following:

• Rescission of the July 1991 BOR resolution calling for a tunnel because of intensification of automobile use on Washington Avenue and the expansion of buildings in the corridor;

• That the Central Corridor planners consider the following alternatives for LRT or a dedicated busway through campus:

o A route through campus on Washington Avenue below grade (tunnel) on the East Bank that would cross the Washington Avenue Bridge and connect with the Hiawatha Line at the Metrodome;

o An alignment over the existing Bridge 9 that would follow the existing railroad corridor and then follow the University transit right-of-way.

o A route on Washington Avenue at grade. 39

The resolution also requested that the administration return with recommendations on the alternatives. The Board unanimously approved the resolution during the April 6, 2001 Board meeting. June 7, 2001 Facilities Committee received an update from University administration on the Central Corridor LRT. The presenters noted that the Central Corridor planners had asked the University to select two of the four possible proposed alignments. The four alignments being discussed were:

• Washington Avenue (Below grade – Tunnel); • #9 RR Bridge and then continuing through the existing railroad corridor; • Washington Avenue at grade; and • #9 RR Bridge and then continuing on University and/or 4th Avenues.

The presenters noted that the administration would return with a shortened list of alternatives at the July 2001 committee meeting. No action was taken. July 12, 2001 Facilities Committee reviewed and unanimously approved a resolution regarding the Central Corridor LRT. One condition of the resolution stated that because of changes on Washington Avenue since 1996, the Master Plan’s accommodation of LRT at grade on Washington is no longer determined to be appropriate. The resolution recommended the following alternatives be evaluated for the Central Corridor:

• LRT alignment over existing #9 RR Bridge continuing through existing railroad corridor; and

• A modified Bus Rapid Transit alignment on Washington Avenue with no exclusive transit lanes.

The resolution also stated that if the Central Corridor planners move forward with a Washington Avenue LRT alignment, the University requires the line to be below grade in a tunnel. The Board voted unanimously to approve the resolution. 2004-2008 Since 2004, the Facilities Committee has received annual updates regarding the CCLRT planning efforts. April 11, 2008 The Board of Regents received a preliminary update on the Northern Alignment feasibility analysis. No action was taken at the meeting. May 21, 2008 The Board of Regents received a briefing packet that detailed the results of the northern alignment feasibility analysis and the Washington Avenue at-grade alignment with mitigations. June 12 -13, 2008 The Board of Regents received a detailed presentation of the results of the northern alignment feasibility analysis and the Washington Avenue at-grade alignment with pedestrian mall and mitigations. The Board approved a resolution specifying that the University will pursue the Washington Avenue at-grade with a transit/pedestrian mall alternative, contingent upon the execution of all necessary agreements needed to achieve a mitigation plan, betterments, and all future mitigation measures and improvements.

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REGENTS OF THE UNIVERSITY OF MINNESOTA

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING RELATED TO THE CENTRAL CORRIDOR LIGHT RAIL TRANSIT

PROJECT WHEREAS, the University again wishes to demonstrate its full commitment to enhanced public transit and a highly effective Central Corridor Light Rail Transit (“CCLRT”) Project; and WHEREAS, the safe and efficient operation of the CCLRT line through the University’s campus is an essential concern and obligation for the University to consider and address; and WHEREAS, consistent with the Board of Regents’ Resolution Related to CCLRT approved on June 13, 2008, the University will pursue the Washington Avenue Transit/Pedestrian Mall alignment with other Project partners; and WHEREAS, the Metropolitan Council, the City of Minneapolis, the Hennepin County Regional Railroad Authority, Hennepin County, and the University (“Parties”) agree that mitigation of traffic and other environmental impacts in and around the campus due to the construction of the Project is essential to the integrity of campus activities and surrounding neighborhoods and the successful operation of the CCLRT line; and WHEREAS, the Parties agree that by entering into a Memorandum of Understanding (“MOU”) they will efficiently and cooperatively work together to resolve outstanding Project mitigation related issues and insure the viability and success of this important Project; and WHEREAS, the Parties have reached agreement on a MOU, attached to this Resolution, that defines specific CCLRT Project Mitigation Measures and funding commitments, Betterments advocacy and funding, and environmental and historic preservation issues; and WHEREAS, the MOU and other agreements necessary to the completion of the CCLRT line for the University campus shall be subject to Board of Regents approval; NOW, THEREFORE, BE IT RESOLVED THAT the MOU attached to this Resolution is approved and the Administration is directed to take all necessary steps to execute it and carry out its terms cooperatively with the other Parties, consistent with the Board of Regents Resolution Related to CCLRT approved on June 13, 2008 that requires mitigation measures that accomplish the principles set forth in the Resolution, and financial commitments necessary to accomplish all necessary mitigation measures and betterments.

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE METROPOLITAN COUNCIL, REGENTS OF THE UNIVERSITY OF MINNESOTA, THE CITY OF MINNEAPOLIS, THE HENNEPIN COUNTY

REGIONAL RAILROAD AUTHORITY AND HENNEPIN COUNTY

This Memorandum of Understanding (“MOU”) is by and between the Metropolitan Council, Regents of the University of Minnesota (“University”), the City of Minneapolis, the Hennepin County Regional Railroad Authority and Hennepin County (“Parties”). WHEREAS: 1. The Parties have been involved in various activities regarding the development of a

Central Corridor Light Rail Transit (“CCLRT”) line; 2. The Parties agree that a portion of the CCLRT Project (“Project”) will traverse the

University's Twin Cities Campus (“Campus”), including an at-grade Transit/Pedestrian Mall on Washington Avenue with no vehicular traffic except emergency vehicles, light rail transit and buses;

3. The Parties agree that mitigation of traffic and other environmental impacts in and around

the Campus due to the construction of the Project is essential to the integrity of campus activities and surrounding neighborhoods and the successful operation of the CCLRT line;

4. The Parties agree to cooperatively work together to explore alternatives and resolve

outstanding Project related matters including: mitigation impacts, design issues, construction issues, and operation matters;

5. The Parties agree that by entering into this MOU they will efficiently and cooperatively

work together to resolve outstanding Project mitigation related issues and insure the viability and success of this important Project. The University, consistent with the Board of Regents’ Resolution Related to CCLRT approved on June 13, 2008, will pursue the Washington Avenue Transit/Pedestrian Mall alignment with other project partners;

6. The MOU will define the scope and commitment of the Parties to the Project mitigation

issues and provides further direction to develop a second MOU which will define and detail specific design, construction and operation issues related to the Project;

7. The Parties agree to have a second MOU completed and approved prior to the

submission of a New Starts Application for Final Design to the Federal Transit Administration (FTA), in early September 2008, but in no event later than January 31; 2009.

NOW, THEREFORE, in consideration of the mutual agreements herein set forth, the Parties agree as follows.

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ARTICLE 1: TYPES OF IMPROVEMENTS The Parties agree that three types of Central Corridor improvements will be pursued in and around the Campus: 1. Improvements, included in the base project budget, needed to ensure the functionality of

the CCLRT line, as detailed in Exhibit A, attached and incorporated herein by this reference.

2. Improvements needed to mitigate traffic and other environmental impacts resulting from

the construction and operation of the CCLRT line (“Mitigation Measures”) as detailed in Exhibit B, attached and incorporated herein by this reference.

3. Improvements not formally required to ensure the functionality of the CCLRT line or to

mitigate its impacts but that the Parties agree to pursue, outside of the Project scope and budget, to enhance the transportation system and advance development opportunities (“Betterments”) as detailed in Exhibit C, attached and incorporated herein by this reference.

ARTICLE 2: DEFINITION OF MITIGATION MEASURES AND FUNDING COMMITMENTS A list of Mitigation Measures currently estimated to cost up to $27 million has been developed by the Parties (see Exhibit B). The Parties agree to include all those Mitigation Measures in the Project and the CCLRT budget subject to approval by the FTA, and advocate for their inclusion with the FTA. Current cost estimates are for planning purposes. Such costs must incorporate the same methodology for non-construction costs as other elements of the Project. The Parties’ commitment is to the completion of the line item mitigations within the Project budget, with standard access to Project contingency funds. The Parties agree that opportunities for additional mitigation funding within the Project budget may become available if Project costs are lower than currently estimated or if the amount of Project budget reserved for contingency is reduced as engineering advances or if the Cost Effectiveness Index is increased. The Parties agree that all necessary Mitigation Measures (see Exhibit B) may not have been identified at this point in Project development and that all such Mitigation Measures that are FTA-required will be included in the project budget and those that are FTA-eligible but not required will be given consideration within the project budget. Traffic studies related to the Project and identified in Exhibits A and B have been conducted that include intersections that will require traffic improvements. A budget for improvements at the intersections was developed by the Central Corridor Project Office (“CCPO”) and is included in the base budget. The CCPO will work with stakeholders to refine all planning and designs to ensure maximum functionality and mutual acceptance by the Parties.

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An additional action, the extension of East River Road to Main Street, has been identified by the Parties as a traffic mitigation measure or Betterments to absorb a portion of the traffic currently using Washington Avenue. The Parties agree to further define the scope, cost and traffic impact of the East River Road extension in upcoming Preliminary Engineering and Final EIS activities. The Parties agree, should either a portion or the entire cost of the East River Road extension not be eligible for FTA approval as a Project mitigation, to collectively pursue funding it as Betterments. ARTICLE 3: BETTERMENTS ADVOCACY AND FUNDING The Parties agree to strongly support and advocate for the implementation of Betterments collectively recommended by pursuing all eligible funding sources including, but not limited to: federal transportation funds, state general obligations bonds and local funds available from the Parties’ respective Capital Improvement Programs (see Exhibit C). The Parties further agree to jointly develop a funding strategy for Betterments implementation outside the project budget prior to requesting approval from FTA for entering Final Design for the Project. In particular, the Parties agree that the Granary Road project described in Exhibit C is crucial, and commit to pursue its full funding and completion. ARTICLE 4: ENVIRONMENTAL AND HISTORIC PRESERVATION ISSUES The Parties agree that environmental and historic preservation issues related to the Washington Avenue at-grade Transit/Pedestrian Mall will be disclosed and documented in the Supplemental Draft Environmental Impact Statement (“SDEIS”) and must be addressed in the Final EIS process. The Parties agree that they will cooperate and follow all applicable laws, FTA policies, procedures and standards related to EIS processes and environmental and preservation issues. ARTICLE 5: DESIGN, CONSTRUCTION AND OPERATIONS The Parties agree to develop a second MOU regarding detailed design, construction, ownership, right-of-way, operational issues and maintenance of the Project. It is agreed that the Parties shall strive to complete and approve a MOU prior to the submission of a New Starts application for Final Design to the FTA, but in no event will the second MOU be completed later than January 31, 2009. The Parties agree to cooperatively work together to develop the second MOUthat will be consistent with standard practice in the development of CCLRT lines at research universities across the country. The following assumptions and guidelines shall apply in drafting and negotiating the second MOU:

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• After review and consultation with all Parties hereto, Metro Transit shall maintain final control and authority over bus and rail system operations. Specific detail regarding the transportation and operation issues shall be detailed in the second MOU. Operation issues include but are not limited to train speed, the volume and operation of buses and emergency vehicles on the mall and campus streets.

• The University with consent and approval from the responsible road authority shall participate and have final design and engineering approval over the Transit/Pedestrian Mall elements, as defined and mutually agreed to by the Parties in the second MOU, in the University campus area to the extent that the CCPO determines they are within the Project budget and do not interfere with safe and efficient operations. The second MOU shall delineate an agreed upon approval process.

• Street traffic improvements associated with the mitigation plan in the University area for the Project shall require agreement from the responsible road authority, the University, and the CCPO.

• The responsible road authority for Washington Avenue shall retain control of engineered design elements of the Washington Avenue Transit/Pedestrian Mall and elements that affect public safety, as defined and mutually agreed to in the second MOU.

• Metro Transit shall retain control and approval over design and engineering elements specific to the entire CCLRT line (“Central Corridor LRT envelope”), including, but not limited to, station elements common to all stations, such as signage and ticket vending machines.

• Subject to the University Board of Regents consideration and final approval, the University shall donate necessary real property rights needed for the Project owned by the University at the conclusion of the second MOU negotiations.

• Redesign of the West Bank Station area must be completed to accomplish traffic calming, safe interactions of pedestrians and creation of developable parcels.

• The Parties recognize that ownership and maintenance issues pertaining to Washington Avenue need to be negotiated and resolved. It is agreed by the Parties to cooperatively advocate in favor of the Minnesota Department of Transportation owning the Washington Avenue bridge.

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ARTICLE 6: GENERAL PROVISIONS • The terms of this MOU may only be changed by mutual agreement of the Parties. Such

changes shall be effective only upon the execution of written amendments signed by authorized representatives of all of the Parties.

• No Party may assign its obligations under this MOU to another person or entity without

the written consent of the other Parties. • This MOU shall inure to the benefit of, and constitute a binding obligation upon, each

Party and its successors, and if such assignment is consented to in accordance with this section, each Party’s assigns.

• The Parties recognize and acknowledge that the funding requirements in this MOU may

be repealed or modified by future law and that future amendment of this MOU may be necessary to reflect any such changes in law.

• This MOU may be executed in counterparts, each of which shall be deemed an original,

but all of which shall constitute one and the same instrument. This MOU shall become effective when the executions of all Parties are affixed to the document.

• If a dispute should arise between or among the Parties to this MOU with respect to any of

its provisions, the Parties involved agree to attempt to settle such dispute through the use of a mediator mutually acceptable to the Parties involved in the dispute prior to the initiation of any legal action on the part of any of the Parties involved in the dispute with respect to this MOU, any of its provisions, and/or its enforcement. The costs of such mediation shall be shared in accordance with an amendment to this MOU entered into prior to mediation which specifically addresses the responsibility of each party for the expenses of such mediation.

• The Parties acknowledge that this MOU is limited to mitigation and other issues affecting

that portion of the project located within the City of Minneapolis and Hennepin County. ARTICLE 7: BEST EFFORTS The Parties accept and support the work schedule established by the CCPO for the CCLRT and agree to take all necessary actions to enable the CCPO and the FTA to maintain that schedule, which includes the Project’s New Starts submission and application to enter final design in September of 2008. The Parties also agree that any significant departure from this schedule will delay the project and could jeopardize its funding.

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IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized representatives on the dates indicated below. Reviewed by Metropolitan Council’s METROPOLITAN COUNCIL General Counsel By: ________________________________ ________________________________ Date: ________________________ Date_____________________________ REGENTS OF THE UNIVERSITY OF MINNESOTA Reviewed by the University Office of the General Counsel ________________________________ By: ________________________________ Date: ___________________________ Date: ________________________ Reviewed by the CITY OF MINNEAPOLIS City Attorney’s Office By: ________________________________ ______________________________ Date: ________________________ Date: ______________________________ Reviewed by the HENNEPIN COUNTY BOARD County Attorney’s Office By:_______________________________ ______________________________ Attest: __________________________ Date: ________________________ Clerk of Board Date: ____________________________ HENNEPIN COUNTY REGIONAL Reviewed by the RAILROAD AUTHORITY County Attorney’s Office STATE OF MINNESOTA ______________________________ By: ________________________________ Date: ________________________ Chair of Its Board Attest: ___________________________ Deputy/Clerk of Authority Board Date: _______________________________ And: _______________________________ Deputy/Executive Director Date: ______________________________

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Items covered under the current project budgetWashington Avenue Transit/ Pedestrian Mall Stakeholder-

Identified Improvement NeedsItem Cost Estimates*

1 Traffic Signal Improvements on Washington Avenue and other intersections (Walnut and University, others TBD; SCOOT recalibration, new signals where warrants are met, signal retiming)

$2,600,000

2 Modify Huron Blvd./23rd Avenue/25th Avenue/University Avenue $4,300,0003 Signage and way-finding to direct traffic to desired routes $20,000

Totals $6,920,000

Exhibit A Project Elements

* All Cost Estimates are total program costs based upon current available information.

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To Accompany Exhibit A (6/20/08)

Washington Avenue Transit/Pedestrian Mall Stakeholder Identified Improvement Needs

1. Traffic signal improvements on Washington Avenue and other intersections.

This item is considered to be part of the scope of the base project definition and includes the following:

New traffic signal at Washington Avenue and Church Street, New traffic signal at Washington Avenue and Union Street, New traffic signal at Washington Avenue and Harvard Street, New traffic signal at Washington Avenue and Walnut Street, New traffic signal at Washington Avenue and Oak Street, New traffic signal at Washington Avenue and Ontario Street, and Software installation and coordination with the City of Minneapolis’ planned Scoot

system installation.

2. Modify Huron Boulevard/23rd

Avenue/25th

Avenue/University Avenue

CCLRT is planned to cross both Huron Avenue and University Avenue at 23rd Avenue. Consistent with project requirements, further study and design will be completed on this intersection.

3. Signage and Way-Finding

New directional signing will be necessary as a result of CCLRT implementation and the closure of Washington Avenue. Signing to direct drivers to alternate routes that will minimize congestion in the area around the University is considered part of the base scope.

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Washington Avenue Transit/ Pedestrian Mall Stakeholder-Identified Improvement Needs

Item Cost Estimates*1 Washington Avenue Transit/Pedestrian Mall $11,100,0002 Intersections directly impacted from CCLRT (Traffic Study #3) $2,800,000

A - Cedar Avenue and RiversideB - Riverside and 19th AvenueC - Riverside and 20th AvenueD - Franklin and CromwellE - Eastbound Washington Avenue Ramp and East River Parkway (also

provide access to Church Street, south of Washington Avenue)3 East River Road

A - Improvements to accommodate increased traffic, including intersections on East River Parkway at Harvard St and Fulton St

$1,200,000

4 U of M East Bank Campus Area Street Connections (Traffic Study #4) $5,100,000A - Arlington Street and Pleasant AvenueB - East River Parkway and Arlington StreetC - Pleasant Avenue and Delaware StreetD - 4th Street SE and 17th Avenue SEE - Beacon Street extension - convert to 2-way traffic and extend to Walnut

StreetF - Harvard Street extension - convert to 2-way traffic from Washington

Avenue to Beacon Street and extend to Pillsbury DriveG - Delaware Street and Harvard StreetH - Union Street - close to traffic south of Washington Avenue Ramp access

5 Environmental IssuesA - Mitigate EMF/Vibration Impacts to NMR Machines $3,400,000B - Mitigate Noise/Vibration Impacts to other Sensitive Equipment $1,000,000C Coffman Union/ Northrop Mall TBDD - Impacts on Knoll District TBD

Totals $24,600,000

Exhibit B: Mitigation Measures

* All Cost Estimates are total program costs based upon current available information.

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To Accompany Exhibit B (6/20/08) Washington Avenue Transit/Pedestrian Mall Stakeholder Identified Improvement Needs

1. Washington Avenue Transit/Pedestrian Mall

On February 27, 2008, the Met Council adopted an at-grade Transit Mall at the University of Minnesota. Based on participation from project partners and stakeholders, informed by the results of traffic analyses conducted since that time, it has been determined that the Mall will extend from just east of Pleasant Street to Walnut Street. This item is considered to be part of the base project definition and is included in the $892 million budget. This item includes the following: Construction of a Transit/Pedestrian Mall on Washington Avenue from Pleasant Street to Walnut Street. Transit/Pedestrian Mall amenities included in the current $11.1 million budget are those items beyond roadway and sidewalk reconstruction, including elements for an enhanced transit/pedestrian mall environment: street furnishings; additional pedestrian lighting; landscaping; pedestrian, roadway and LRT guideway surface treatments; and wayfinding signage.

2. Intersections directly impacted from CCLRT (Traffic Study #3) Based on traffic studies conducted by CCPO, the five intersections listed below are directly impacted by CCLRT resulting in a Level of Service (LOS) of E or F in 2030. The CCPO has identified possible mitigations for each of the intersections, which are described below and included in the Exhibit B cost estimate.

A. Cedar Avenue & Riverside Avenue

Construction of a second westbound right turn lane on Riverside Avenue and reconstruction of the sidewalk which would be impacted by adding the turn lane. Construction of a northbound left turn on Cedar Avenue. Replacement of the traffic signal at the intersection.

B. Riverside Avenue & 19

th Avenue

Implementing the measures identified in 2A would create an acceptable Level of Service at this intersection.

C. Riverside Avenue & 20th

Avenue Implementing the measures identified in 2A and removing parking on the east

side of 20th

Avenue, adjacent to the intersection, to provide an additional lane would create an acceptable Level of Service at this intersection.

D. Franklin Avenue & Cromwell Avenue

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Removal of parking on the north side of Franklin Avenue to allow for two lanes westbound in the PM peak hour Implementation of traffic signal modifications (detection, heads, and controller modifications).

E. East River Road & Washington Avenue EB ramp Installation of a traffic signal at the intersection. Striping for the southbound left turn lane on East River Parkway. Construction of Delaware Street to three full lanes for the entire ramp length (Delaware Street is currently about two lanes widths wide).

3. East River Road

A. Improvements to accommodate increased traffic on East River Road. Based on traffic studies completed by CCPO, East River Road, south of Washington Avenue is directly impacted as a result of CCLRT. The following improvements have been identified by CCPO and included in the budget.

! Construction of an eastbound left turn lane on East River Parkway, ! Construction of a southbound left turn lane on Harvard Street, ! Construction of a mill and overlay within the intersection area, and ! Installation of an all-way stop sign control.

4. U of M East Bank campus area street connections (Traffic Study #4)

Based on traffic studies conducted by CCPO, the eight intersections listed below are directly impacted from CCLRT and require improvements as described below to achieve an acceptable LOS: A. Arlington Street & Pleasant Street

! Installation of a traffic signal. ! Construction of an eastbound right turn on Arlington Street.

B. East River Parkway & Arlington Street

! Construction of a southbound left turn lane on East River Parkway. ! Construction of a northbound right turn lane on East River Parkway.

C. Pleasant Street & Delaware Street ! Installation of a traffic signal. ! Striping for the southbound left turn lane.

D. 4th

Street SE & 17th

Avenue SE ! Striping for the northbound left turn lane on 17

th Avenue SE.

! Modification of the traffic signal to add protected left turn phase.

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E. Beacon Street Extension

! Construction of Beacon Street between Walnut St and Harvard St (2 lane road). ! Construction of a mill and overlay Beacon Street between Union and Harvard.

F. Harvard Extension ! Construction of Harvard Street extension between Beacon Street and Pillsbury

Street. ! Construction of a mill and overlay Harvard Street between Washington Ave and

Beacon St and re-striping to create a two-way roadway.

G. Delaware Street & Harvard Street ! Installation of a traffic signal. ! Striping for turn lanes at the intersection (northbound left, southbound left, and

westbound right). 5. Environmental Issues

A. Mitigate electromagnetic interference (EMI)/vibration impacts to nuclear magnetic resonating machines (NMRs). CCPO is currently evaluating impacts to existing research devices located at various University of Minnesota facilities along Washington Avenue and intends to mitigate any CCLRT related impacts. B. Mitigate noise/vibration impacts to other sensitive University of Minnesota research equipment. CCPO is currently evaluating impacts to existing research devices located at various University of Minnesota facilities along Washington Avenue and intends to mitigate any CCLRT related impacts. C. Coffman Union/Northrop Mall. CCPO is currently evaluating the impacts to the Northrop Mall.

D. Knoll District In consultation with the State Historic Preservation Officer and MN-DOT Cultural Resources Unit, CCPO is currently evaluating the impacts to the Knoll District.

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Betterments outside the Central Corridor Project BudgetWashington Avenue Transit/Pedestrian Mall Stakeholder-Identified

Improvement Needs

Item Cost Estimates1 Granary Road - I35W (2nd Street) to TH 280A West Segment 22.4 mB Middle Segment 11.5 mC East Segment TBDD East Segment Extension TBD2 Intersections

A - E. Franklin and East River Parkway $5mB - SE 10th Avenue and SE 4th Street TBDC - SE 10th Avenue and SE University Avenue TBDD - Cedar Avenue and Washington Avenue/15th Avenue TBDE - Washington Avenue and I-35W Northbound Ramp TBDF - Washington Avenue and I-35W Southbound Ramp TBD

3 East River Road- Extension of E River Rd to Main St or 2nd Street $14.6 m

Total TBD

Exhibit C: Betterments

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To Accompany Exhibit C – Betterments (6/20/08)

Washington Avenue Transit/Pedestrian Mall Stakeholder Identified Improvement Needs

1. Granary Road

The City of Minneapolis is planning to construct a new east-west roadway north of University Avenue. This roadway would serve as an additional east-west arterial roadway in the area, serving planned development along its corridor and providing a reliever route to University Avenue and 4th Street.

A. West Segment – 2nd Street to Oak Street SE Initial planning proposes to connect Granary Road to 2nd street, which would provide a connection to 35W via University and 8th Ave and 11th Ave. B. Middle Segment –Oak Street SE to 25th Avenue SE This segment of Granary road is included in the Minneapolis Capital Improvement Program although additional funding is needed. C. East Segment – 25th Avenue to Malcolm Avenue The City of Minneapolis plans to construct Granary Road between 25th Avenue and Malcolm in 2010. D. East Segment Extension – Malcolm Avenue SE to 280 frontage road With the construction of CCLRT, there is interest in extending the eastern terminus of this road segment further east, possibly to the 280 frontage road. Additional planning in coordination with the City of St. Paul is needed.

2. Intersections

Based on traffic studies completed by CCPO, the closure of Washington Avenue to through traffic will cause incremental increases to traffic volumes at the following six intersections in 2030. All of these intersections are projected to have a Level of Service (LOS) F without CCLRT.

A. Franklin Avenue at East River Parkway – This is a signalized five-legged intersection with existing capacity constraints because of the lack of turn lanes and the geometric configuration. The City of Minneapolis has completed scoping of improvements for this intersection in the past including the possibility of a roundabout. Right-of-way acquisition would be required.

B/C. 10th

Avenue at 4th

Street or University Avenue – These two intersections are currently signalized. Possible future improvements to improve LOS include the addition of turn lanes and modified traffic signal phasing to create improved flow for critical movements.

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To Accompany Exhibit C – Betterments (6/20/08)

D/E/F. Washington Avenue at the I-35W ramps and Cedar Avenue – The intersections on Washington Avenue at the I-35W ramps currently experience a failing LOS in the PM peak hour (prior to the I-35W bridge collapse). This is the primary route out of downtown for traffic destined to the northeast area of the region. The east to northbound left turn movement is nearing 1,000 in the PM peak hour from a single turn lane. The intersection at Cedar Avenue is affected by the operations at I-35W. The City of Minneapolis has begun scoping improvements that include a new access to northbound 35W at Fourth Street.

3. East River Road

This would include extending the East River Road north of Washington Avenue on a structure over the railroad tracks and future Granary Road to connect with Main Street. The Minneapolis Park Board has had this in their planning for many years. There is concern that the closure of Washington Avenue will result in additional traffic on Pleasant Street through campus. This segment will provide an alternate route to Pleasant and East River Road south of Washington.

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BOARD OF REGENTS Board of Regents July 9, 2008 Agenda Item: Legislative Report: State & Federal

review review/action action discussion Presenters: President Robert H. Bruininks

Associate Vice President Donna C. Peterson Channing Riggs, Director, Federal Relations

Purpose:

policy background/context oversight strategic positioning To provide the Board of Regents with a summary of the 2008 state session and the impact of state and federal issues on the University of Minnesota as well as a forecast of the upcoming biennium and Congress. Outline of Key Points/Policy Issues: Background Information:

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Documents

UNIVERSITY OF MINNESOTA BOARD OF REGENTS …regents.umn.edu/sites/regents.umn.edu/files/docket/BOR_docket_9.pdfKaren Ellis, Karen Lovro, Susan Rose, Nancy Fulton, Susan Cable, Frank