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S ARDEN HILLS CITY COUNCIL—November 30, 2009 15 7D. Ordinance 2009-014 and Ordinance 2009-015 (continued) Community Development Director Lehnhoff stated Xcel Energy is the natural gas and electric service provider to properties in the City of Arden Hills. Ordinance 262, the natural gas franchise ordinance, and Ordinance 263, electric distribution and transmission franchise ordinance, were approved by the City on September 24, 1989. Both ordinances had twenty-year terms that expired on September 24, 2009. City Staff and the City Attorney have been working with Xcel to prepare updated franchise ordinances for review. While the franchise agreement is structured as an ordinance, it is legally considered a contract that requires approval from both parties. The franchise agreements only apply to the use of public right-of-way and public property, which includes public roads, parks, and trails. Electric or gas lines that cross private property are subject to the regulations in the underlying private easement. Councilmember Grant clarified that these ordinances would cover TCAAP. Community Development Director Lehnhoff stated this was correct. Councilmember Grant asked if Xcel was required to put utilities underground. Community Development Director Lehnhoff stated that the subdivision _ ordinance includes requirements for burying utilities. However, we will need to verify if that includes both distribution and transmission lines. Councilmember Holden asked how these ordinances would work regarding clear cutting of trees. Community Development Director Lehnhoff stated that the franchise ordinance itself does not cover communication or notification requirements and this is covered more in the right-of-way ordinance. The ability to trim trees or remove trees is a right that is provided to Xcel. City Attorney Jerry FiIla stated that generally when someone is granted an easement for a use they can continue to use that as long as they do not obstruct someone else. Trees and utility lines are things that are typically granted the right to maintain and a utility line is given primary use of the site. Councilmember Holmes asked if the City could add a requirement for notification when there will be tree trimming or clear cutting under Section 5.