Livonia council delays vote on daycare waiver after unpaid property taxes; petitioner seeks March 10 decision

Council member Toye and other members of the Livonia City Council heard a waiver-use petition on Feb. 24 from Nini’s Little Angels, which seeks to open a childcare center at 28275 5 Mile Road. Petitioner Shanita Farmer, who said the business has operated in the area since 2017, described plans for a 3,600-square-foot one-story building with an outdoor play area, interior mitigation for sound and a capacity the applicant said could allow up to 90 children pending state licensing.

The planning staff outlined site details: the property has roughly 93 feet of frontage on 5 Mile Road, a proposed outdoor play area of about 3,000 square feet (the ordinance requires 5,000), 17 parking spaces shown on the plan where 12 are required, and required screening and repairs to a damaged wall along the south property line. Planning recommended approval with conditions including repairs to the screening wall, parking-lot repairs, a secured and enclosed outdoor play area, and interior sound mitigation.

Why this matters: Council members repeatedly raised an outstanding property-tax issue tied to the seller of the building. City Treasurer Susan Nash said she had not personally received a written guarantee that taxes would be paid prior to closing. Council members reported amounts for unpaid taxes discussed during the meeting totaling about $15,000 (the sum of cited summer and winter tax balances), and several council members said they were unwilling to approve the waiver if the taxes remained unpaid.

Discussion and council direction: Several council members pressed the petitioner and city staff for documentation showing taxes would be paid. Attorney and staff comments noted that a seller’s letter promising to pay taxes is not the same as a binding escrow settlement and that penalties and interest to Wayne County could increase the amount due. Council member Donovic said he would oppose approval until the $15,000 (as discussed during the meeting) was paid. Council member Toye said she would move to place the petition on the regular agenda so the petitioner could proceed, but she sought and received assurance that payment of outstanding taxes would be pursued.

Formal scheduling and conditions: The council agreed to place the waiver request on the March 10 regular (voting) meeting with a condition and on-the-record expectation that outstanding property taxes be paid before or at closing. Council members stated it would remain within council prerogative to deny the application on March 10 if the taxes were not paid.

Petitioner comments and next steps: Farmer said the sale closing is expected within roughly 23 days and that seller and broker communications indicated taxes would be paid at closing from escrow. She also described programmatic plans including infant through preschool care and dedicated rooms for children with special needs. The petitioner and planning staff said they would work with the city to meet the planning commission’s conditions.

Ending: The council did not vote on the waiver on Feb. 24. The item was scheduled for the council’s March 10 regular meeting; council members explicitly reserved the right to deny final approval if evidence the taxes had been paid was not presented at that meeting.