The Redmond City Council will hear its second Measure 37 claim Tuesday from a man looking to expand his dental business in Dry Canyon.

In his request for a Measure 37 waiver, Max Higbee told the city he will be prevented from potential revenues of $5 million if he is unable to expand his business by 2,435 square feet to meet current demands for his dental services.

The voter-passed Measure 37 allows property owners to ask for cash compensation or a waiver of land-use laws if new regulations reduced the value of their land.

Higbee could have expanded with no problem under the zoning regulations in place in 1972, when he acquired the property near Highland Avenue and Southwest 15th Street, a city staff report states.

According to the staff report, Higbee did not supply information to back up his claim of lost revenues. However, city staff recommends the council approve the waiver.

City Councilor Joe Mansfield said it’s likely the city council will approve the claim because it simply can’t afford not to.

”The city is put in a very tough position,” Mansfield said. Especially considering that Higbee would like to expand his building in the Dry Canyon.

For many years, the city has planned to create a system of parks and open space throughout the canyon, Mansfield said. The expansion of Higbee’s building won’t significantly harm the overall plan for the canyon, Mansfield said.

In some cases, the city might not approve a Measure 37 claim, he said.

If someone wanted to build something inappropriate in the canyon, or something industrial downtown, the council might be willing to pay the money instead of granting a land-use waiver, Mansfield said.

In other business, the council will vote again on a social gambling ordinance that would raise maximum bets from $5 to $30.

The ordinance would also allow players to go ”all-in” in Texas Hold ‘Em, a poker game, although a maximum $100 buy-in on the game will be put in place.

The council also will accept a grant to help cover the cost of new bullet-proof vests for the police department.

The city council will meet at 7 p.m. Tuesday at 777 SW Deschutes Ave. in Redmond.