A Subway franchisee who had hoped to open a restaurant downtown said Evanston City Council has cost him over $70,000 and he feels “a lot more than betrayed.”

Aldermen, a number of whom have said the franchisee knew the risks he was taking in opening a fast-food establishment, will consider tonight whether to allow another restaurant to open next door to the location where the Subway would have been.

The owner of Gary Poppins gourmet popcorn shop is attempting to show he would not present the same problems as a Subway would, even though his establishment would fall under the same legal category as the sandwich shop. Gary Seltzer claims his popcorn shop will not create the litter problem that a typical fast-food restaurant might.

“It’s not going to be popcorn you’re going to take out and feed to birds,” he said.

Still, Seltzer said since City Council rejected Subway he has been trying to show them that his business is unlikely to create a mess downtown.

The council rejected Richard Dux’s request to open the Subway at 1729 Sherman Ave. by an 8-1 vote on March 24. Dux first considered opening a Subway in part of the former Student Book Exchange location in June. He said his plans became more firm after two meetings with Ald. Arthur Newman (1st).

He was concerned about an increase in fast-food and carry-out, called “type 2,” restaurants on the block of Sherman Avenue and the garbage they might bring, Dux said. Newman laid out criteria needed to meet to gain his support. These included plans to control garbage, a ban on employee parking and delivery trucks on the street, and a guarantee that Dux would work at the Subway full time.

Dux said he drew up a proposal to meet Newman’s demands and then some. Dux studied Chicago and Milwaukee statutes to determine how businesses and the city could keep downtown clean.

Dux said he was told by Newman as late as mid-March that despite his concerns about the block, Subway would be OK. But he voted with the rest of the council to reject the restaurant later that month.

Dux should have talked to other aldermen if he wanted to gain broader support for his proposal, Newman said Monday. He also said property owner Gordon Magill of Family Properties, did not say he had been in negotiations with more than one type 2 restaurant.

Newman said confusion over the number of restaurants moving into the Sherman space “made him skeptical” of the sincerity of Dux’s cleanup plans.

Magill said he made no attempt to deceive Newman.

“I’m not trying to pull a fast one on Ald. Newman,” he said. “You can’t hide a building.”

Newman was also concerned that Dux’s location would hurt the business of the other downtown Subway, at 1551 Sherman. Jay Patel, a manager there, said a new Subway would have seriously cut into their student market, perhaps by as much as 60 percent.

Dux said he has spent more than $70,000 developing plans for his franchise. He still hopes to open a store — but not in Evanston.

“Why would I go some place where I wasn’t treated fairly?” Dux said. “When you deal with anybody, any professional person, you expect a certain minimal amount of honesty and integrity. I fully expected that out of Ald. Newman and other ward aldermen. I got none of that from him.”

Newman said he was sorry about Dux’s financial loss but had to address constituent concerns.

“I wish him the best of luck,” Newman said. “It’s unfortunate the way it turned out.”

Tonight the Planning and Development Committee will consider Gary Poppins’ type 2 restaurant special use request for 1741 Sherman Ave. The meeting is at 7 p.m. in the Evanston Civic Center, 2100 Ridge Ave. and is open to the public.

Seltzer said he plans on selling most of his popcorn as gifts, which would not be opened on the street. He hopes aldermen will see the unique service he can bring to the city.

“I’ll know tomorrow,” Seltzer said. “I hope they’ll see it’s going to be an asset to the community.”