REDMOND – Two votes by the city council following parliamentary maneuvering that appeared to leave public onlookers bewildered resulted Wednesday in approval of an adult bookstore in a residential neighborhood.

Mayor Alan Unger switched his vote – first opposing a hearing officer’s decision to allow the bookstore to open, then reversing himself in favor of the controversial business.

”It was a tough decision,” the mayor said in an interview. ”I don’t think that anybody is happy with it … . It happened really fast and I had to go with a gut feeling … . I think I looked at it on the second vote and it was the law that we really needed to consider.”

The seven councilors, meeting in a special session, deadlocked on the first vote. 3-3, with one abstension, to uphold the decision allowing Freedom Adult Book and Novelty to open its doors at 250 SW 2nd St.

The property is zoned commercial on a street dominated by single family homes.

The decision followed several hours of testimony and debate at a Tuesday night council meeting.

Councilors voted to continue the hearing on Wednesday in hopes that the applicant, John Phillips, would extend a 5 p.m. deadline to make a decision.

Phillips who operated Freedom for more than a decade in downtown Redmond before losing his lease, said his attorney advised him against granting the extension.

”Just as you have to follow your attorney’s advice I have to follow mine,” said Phillips.

The city sought the extension in hopes of striking a deal between Phillips and his neighbors who are adamantly opposed to his business.

Faced with a fast-approaching deadline, councilors took additional testimony from a handful of neighbors and concerned citizens who urged the council to reverse the hearing officer’s decision and deny Phillips a building permit.

”If you, as a council, put zoning ordinances above the children of this city and the families of this city then your priorities are askew,” said Pete Rencher, a Redmond business owner and school board member.

Rencher appealed a city staff decision earlier this year to grant Phillips a building permit. He said after the meeting that he was dismayed by the council’s decision to allow the bookstore and is considering an appeal to the state Land Use Board of Appeals.

Rencher was not the only one who felt strongly about the bookstore issue. The vote revealed a sharp division among councilors over Phillip’s request.

But an initial push to deny the request fell short after Councilor Irv Nygren abstained from the vote. The other six councilors divided evenly on the motion to overturn the hearing officer’s decision.

Councilors Jay Patrick, Gary Lynch and Mayor Unger voted against Phillips.

Councilors Ric Nowak, Paul Hathaway and Joe Mansfield voted to uphold the hearing officer’s decision on the recommendation of the city staff and its attorney, Ed Fitch. The council also included some additional provisions, including a requirement that Phillips install a six-foot fence.

But not before the council created more controversy.

Lynch said he wasn’t sure all the councilors understood what they were voting for in the first motion.

Nygren, who abstained just a few minutes after saying he would support the motion to overturn the hearing officer’s ruling, acknowledged that he was confused.

By that time, Nowak had brought forward a motion to accept the hearing officer’s ruling and allow the bookstore. Hathaway seconded the motion and neither man would agree to withdraw the motion.

What ensued confounded most of the opponents in the audience.

The council and staff briefly discussed whether they could bring forth the first motion again. And as city staff member Betty Borgen produced a copy of Roberts Rules of Order, the bible of government meeting protocol, the council voted again.

The final vote was 4-3 in favor of the bookstore.

Voting in favor of the hearing officer’s decision were Unger – who switched his vote and joined Hathaway, Nowak and Mansfield.

Voting against Phillips’ bookstore were Nygren, Patrick and Lynch.

Unger switched his vote, upholding the hearing officer’s findings.

Speaking after the meeting Rencher said he was more disappointed with the way the council reached its decision than the outcome.

”I think procedurally it was flawed,” Rencher said. ”It was complete confusion and chaos to those of us sitting in the audience. I don’t mind the decision going against us, but the manner in which it was done was mind-boggling.”

Phillips’ neighbors, many of whom own their homes and are raising families, said they, too, were disappointed. They said the bookstore business will hurt their property values and eat away at their peace of mind.

Several mothers said they fear for the safety of their children and believe Freedom could attract sexual predators. Phillips, who attended Wednesday’s meeting, declined to be interviewed.

Redmond resident Adam White bought his house 12 years ago knowing that it was located in a commercial zone. If anything, he said, he thought his property values might increase as the city’s industrial and commercial area grew.

”Never in my wildest dreams did I think a porn show would open down the street,” he said.

Cynthia Heiden lives immediately next door to Phillips’ house where the bookstore would be located. She and her husband aren’t sure what to do.

”I have to walk out the door every morning and see (Phillips). It’s been real stressful. My husband doesn’t know whether to put in any more money into the house. And if we wanted to sell it, who would buy it now?” Heiden asked.

Eric Flowers can be reached at 541-504-2336 or eflowers@bendbulletin.com.