Email - GiacchettiFrom:Al-Jaff, Sharmeen
To:Don Giacchetti
Cc:Steckling, Jean; Potter, Jenny; Seidl, Joe; Henricksen, Erik
Subject:RE: Request Email Communications Be Placed into Public Record and on City Website
Date:Tuesday, July 5, 2022 9:22:57 AM
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Good morning Don,
I acknowledge that I have received your email with an attached PDF file referencing
email communications and that this email. Your e-mail will be made public on the
City of Chanhassen’s website related to the Morin Development Project [ Gayle
Morin Addition -- Rezoning and Subdivision with Variances project (Case# 2022-
03) ].
Sincerely,
Sharmeen
Sharmeen Al-Jaff
Senior Planner
CITY OF CHANHASSEN
PH. 952.227.1134
FX. 952.227.1110
www.ci.chanhassen.mn.us
From: Don Giacchetti <don.giacchetti@tactsolutions.com>
Sent: Tuesday, July 5, 2022 8:13 AM
To: Al-Jaff, Sharmeen <sal-jaff@ci.chanhassen.mn.us>
Subject: Request Email Communications Be Placed into Public Record and on City Website
Sharmeen,
I hope you had a great and safe 4th of July Holiday. After some recent discussion with
the WTC-PLL Task Force members it was decided to request that some email
communications between Joe Seidl, City Water Engineer, and me be placed into the
public record. This is a result of the relevance of the communications regarding major
water issues that the Task Force still believe to remain on the Morin Development
project. I and others intend to address these issues in more detail at the July 19th City
Planning Commission meeting.
Please acknowledge that your have received this email from me with the attached
PDF file of referenced email communications and that this email and such attachment
will be made public on the City of Chanhassen’s website related to the Morin
Development Project [ Gayle Morin Addition -- Rezoning and Subdivision with
Variances project (Case# 2022-03) ].
Thank you and regards…DON
Don J. Giacchetti
TACT Solutions, Inc.
c#: 612-328-2853
website: www.tactsolutions.com
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Don Giacchetti
From:Don Giacchetti
Sent:Friday, June 17, 2022 12:14 PM
To:Seidl, Joe
Subject:RE: Morin Development Project----3 Videos to watch
Thanks Joe. I look forward to continuing our discussions. I have learned something new every time we have
talked and appreciate your support….regards…DON
Don J. Giacchetti
TACT Solutions, Inc.
c#: 612-328-2853
website: www.tactsolutions.com
From: Seidl, Joe <jseidl@ci.chanhassen.mn.us>
Sent: Friday, June 17, 2022 11:13 AM
To: Don Giacchetti <don.giacchetti@tactsolutions.com>
Subject: RE: Morin Development Project----3 Videos to watch
Good Morning Don,
Your comments are received and noted. Once we get the official submittal from the applicant, I will continue my review and can
set up a time to discuss any issues at that point if they are not alleviated with the updated information.
Kind regards,
Joe
From: Don Giacchetti <don.giacchetti@tactsolutions.com>
Sent: Thursday, June 16, 2022 8:26 AM
To: Seidl, Joe <jseidl@ci.chanhassen.mn.us>
Subject: RE: Morin Development Project----3 Videos to watch
Joe,
Thankyou for taking the time to view the videos. It is sincerely appreciated. And thanks again for your time
with me on the phone Tuesday explaining a bit more about what your understanding is of the 30-page
Conditional Approval recently receiver from the watershed. It helped shed light on several questions I had.
I have reviewed your yesterday’s email comments with others in the neighborhood Task Force group. We
are glad with the decision to eliminate Lot 3 with 2nd proposed home from the revised development plan
submitted to the watershed. It demonstrates a logical and reasonable approach given the significant wetland
water-related issues present on that property.
However, at this time, we cannot agree with your assessment that the Natural Functioning Creek will be
untouched by the revised project proposal or that the faulty soil sample data will be “resolved” with additional
filtration/water table data required by the watershed for a number of reasons. And the “timing” of providing
such additional data is implied to be at some future unspecified date depending upon when, if ever, a
currently unknown builder/developer wants to proceed with development and satisfy the existing watershed
Conditional Approval and any C.A. imposed by the City. Additionally, we believe there are also still very
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legitimate questions and concerns that we have previously expressed in our official written submissions to
the City which we are waiting for such to be addressed as well.
A main sticking point with the neighborhood(s) is that the Conditional Approval from the watershed is based
on assumptions derived from faulty (and I would say professionally botched) soil sample testing with
inaccurate geo-locations on the property elevation maps. While there may be good intentions to try to
progress the project approval process forward in the interest of being “pro-development”, the inconvenient
truth is there are too many inconsistencies and downright errors in the soil samples data. The “Fruit of the
Poisonous Tree” doctrine, while applicable in legal matters, also applies to process controls and quality
controls in engineering matters…and we feel certainly applies to this situation in particular. The basic logic
and common sense is that if the source (the "tree") of the evidence or evidence itself is tainted, then
anything gained (the "fruit") from it is tainted as well.
https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree
I know from working with a Professional Services Engineering firm as one of my consulting clients that has
been in business over 50 years doing civil engineering projects and has many Professional Engineers (P.E.)
that trying to “correct” something from a project down the road is a professionally “judgmental” matter.
However, after facilitating several strategic management meetings with them over a 5-year period I learned
that it is a best management practice to always ensure that you have accurate data on the major critical
path elements of any project . When you have a KNOWN major issue (like bad soil/water data and no
accurate GPS locations for the SB’s) and take an approach that this is “fixable” later it can be a very risky
decision and costly from an expense and legal liability perspective. Again, very minor issues can be “fixed
later”, but unknown water issues are a very high risk area!!!
The C.A. from the watershed was a disappointment. As we discussed, our Task Force intends to present a
number of things at the July 19th City Planning Commission meeting and the August 8th City Council
Meeting. Our goal is to professionally present facts, data and point to what we consider to be flaws in the
process to date. We will await the official and complete re-submission of the development plan from the
applicant in the next few days. Our Task Force will review/analyze such and make adjustments to our
presentations as appropriate. Barring any major revelations in this revision plan submission our opinion at
this point is that building a new home on Lot #2 is a very risky proposition that can have major detrimental
effects on the surrounding neighborhoods and impact the ecosystem far “downstream” in other waterways.
We feel we cannot afford to accept an “OOPS” and apology later after our neighborhood has suffered
severe and irreversible impacts from the proposed development as we understand it. That is a roulette risk
we do not want to take…
I would still like to touch base with you in a few weeks to compare notes again on the formal complete
revised plan submission. Thanks again for your professional demeanor in dealing with this matter. It is
appreciated….regards…DON
Don J. Giacchetti
TACT Solutions, Inc.
c#: 612-328-2853
website: www.tactsolutions.com
From: Seidl, Joe <jseidl@ci.chanhassen.mn.us>
Sent: Wednesday, June 15, 2022 9:43 AM
To: Don Giacchetti <don.giacchetti@tactsolutions.com>
Subject: RE: Morin Development Project----3 Videos to watch
Received and viewed. Thanks Don.
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The submittal to the watershed with the reduction of scope from 2 additional lots to 1 seems to address the main concerns
brought up in the video(s). I would note that the conveyance channel or “creek” is now untouched by the proposed project. The
other primary concern of inconsistencies in the soil boring data will be mainly resolved with the additional infiltration/water
table data required by the watershed district.
Would you agree with my understanding of your concerns and the updated design?
Kind Regards,
Joe
From: Don Giacchetti <don.giacchetti@tactsolutions.com>
Sent: Tuesday, June 14, 2022 9:43 PM
To: Seidl, Joe <jseidl@ci.chanhassen.mn.us>
Subject: Morin Development Project----3 Videos to watch
Joe,
Thanks again for your time this morning. Sorry I could not get Microsoft Teams to work on my end to show
you the 3 videos we plan to present at the City Planning Commission meeting on Tuesday, July 19 th. Below
are such 3 videos for your review. We may have more videos to present by July 19 th as well. Just wanted to
share with you what we have as of today.
Please make sure that you adjust the settings to HD1080p for high quality video viewing on the
internet (default is 360p I think and is blurry
Here is the weblink to a 4 minute video “overview” of the Morin property and development plans (as we
officially know them).
https://drive.google.com/file/d/14RGYqzvFQVJSKvy51NoM0Uur-18DXkpt/view?usp=sharing
Below is a weblink to the Morin property soil samples slideshow 6-5-22 DJG (runtime @ 2 minutes and
51 seconds).You can download to your computer.
https://drive.google.com/file/d/1qiiSER593Rh4t5ohWMaElROlv8ReKDVV/view?usp=sharing
Below is the video on “A CREEK Runs Through it”….Here is the weblink:
https://drive.google.com/file/d/1f21Zxbf93-zIn-Jz5kwV-XV0iK4R4-Mr/view?usp=sharing
I encourage you to watch these videos to understand our perspective. AND I would like to schedule a brief
ZOOM call with you a few weeks out to chat about these and the new revised plans which should be
submitted to the City in the next Week……..
Thanks again for being open to exploring what the “facts” are. We think that all parties should do their own
basic research without relying too much on what other parties have “concluded”. We are all looking for the
truth, no matter how inconvenient what we discover to be as the real facts…..regards…DON
Don J. Giacchetti
TACT Solutions, Inc.
c#: 612-328-2853
website: www.tactsolutions.com