The city of Cape Coral approved a new ordinance Wednesday, further tightening the use of fertilizers.

Cape Coral City Council unanimously approved the measure but not without some concerns.

The ordinance, which replaces one that had been in place since 2010, expands the fertilizer-restricted zone along waterways from 10 feet to 15 feet; prohibits the use of phosphorus fertilizer unless a soil test, performed in the past two years, shows a phosphorus deficiency; allows code officers, with consent, to sample fertilizer tanks and spreaders for analysis in the city’s certified lab; expands enforcement and education, and give the city manager the option to add the month of May to the city’s no-fertilizer application period of June 1 through Sept. 30, depending on conditions.

It was that final provision that most concerned some who spoke during the public hearing, saying it was arbitrary, even though the majority of those who spoke said they approved the ordinance, agreeing that it would improve water quality.

Council also expressed concern for that final provision as it vests the authority to expand the no-use period with one person.

“I would like a phone call from the city manager to let us know his intentions so we can discuss it here,” Mayor John Gunter said.

Another issue was the expansion of the fertilizer-free zone from 10 to 15 feet but allowing the application of fertilizer there by hand, which Councilmember Tom Hayden said no longer makes it a fertilizer-free zone.

There also were other concerns with verbiage and the fact that fertilizer, while a major reason for water quality issues, is but one of many pollutants.

“There are so many other factors. If we had no fertilizer at all the problem would still exist,” Councilmember Dan Sheppard said. “Things like plants, shingle roofs, pine trees on empty lots would have an impact.”

City Manager Rob Hernandez conceded fertilizer is one of many reasons for water quality issues, but said the ordinance was one step in a long journey to address the issue.

Most on council said the ordinance was important and would be the best thing the city could do, or at the very least was a step in the right direction.

Despite the imperfections and that a similar ordinance was shot down last year, measure passed 8-0 to the glee of some and consternation of others.

“We’re happy it passed and that they made the ordinance stronger,” said Jason Pim, a water activist and member of the Waterway Advisory Committee. “It’s a piece of the puzzle to improve things.”

“This is a big win for the citizens of Cape Coral, for our quality of life and home values,” said resident Mary Ann Parsons. “The council approved this and I couldn’t be happier.”

Tony Salerno, who owns a pest control business, said it’s a feel-good ordinance that will prove to be useless.

“The city council has no knowledge of the ordinance or fertilizer or water quality. For them to make these rules without any science is beyond me,” Salerno said. “My solution is education. Fertilizer is not the problem. Nitrogen and phosphorus is.”

In other business:

n City Manager Rob Hernandez gave Council an update on the negotiations between the city staff and Waste Pro regarding fines assessed to the trash collector in the spring for failure to pick up solid waste throughout the city.

Mayor John Gunter said he wanted to further discuss the matter at next week’s council workshop.

Hernandez and city staff had seemingly negotiated a deal, but during the Sept. 29 workshop, Council rejected the settlement as too generous for the vendor and asked both sides return to the bargaining tale.

n Council held the first of two public hearings on an ordinance regarding home-based businesses.

The ordinance tracks recently passed state legislation that allows various types of businesses to operate within single-family homes.

Home-based businesses must follow several new guidelines such as number of employees allowed to work at the home; parking of vehicles used for the business; signs; and restrictions on noise, odor, and hazardous materials.

n Council also unanimously passed an ordinance that will eliminate a 50-foot minimum setback for a residential first floor with frontage along one of the three primary streets (Cape Coral Parkway, Coronado Parkway and Southeast 47th Terrace) in the South Cape District.

Eliminating this requirement will allow the first floor of residential buildings in the South Cape to be constructed at a different setback line, which is consistent with downtown areas of many cities and allow what is commonly referred to as zero lot-line development.

n Council approved $1 million in additional state funding through the Florida Department of Environmental Protection. The grant will be used to cover construction-related costs for the Caloosahatchee Reclaimed Water Transmission Line.

About $10 million in grant funds have been awarded for the project that will provide additional reclaimed water to Cape Coral residents.

The project is planned for completion in 2023.

n Council approved an agreement with Sweet Sparkman Architects to provide engineering and design services for a new fire training facility.